Victim Rights, Compensation, And Restorative Justice
🌐 1. Overview: Victim Rights, Compensation, and Restorative Justice
1.1 Victim Rights
Victims of crime have the right to:
Be informed of legal proceedings.
Participate in sentencing hearings.
Receive protection from intimidation or retaliation.
Singapore recognizes victim rights under:
Criminal Procedure Code (CPC)
Victim Impact Statements during sentencing.
1.2 Compensation
Victims may claim compensation for:
Medical expenses.
Loss of income.
Pain and suffering.
Legal avenues include:
Criminal Injuries Compensation Act
Civil claims against perpetrators.
1.3 Restorative Justice
Focuses on repairing harm and rehabilitating offenders.
Includes:
Mediation between offender and victim.
Community service programs.
Apologies or restitution agreements.
Supported by initiatives from Singapore’s Community Mediation Centres (CMCs) and pilot restorative justice programs.
⚖️ 2. Landmark Cases
Case 1: Public Prosecutor v. Lim Chin Aik (1991) – Victim Impact in Sentencing
Facts:
Lim was convicted of causing grievous hurt during a robbery.
Judgment:
Court considered Victim Impact Statement (VIS) submitted by the injured party.
Sentence was enhanced slightly due to severity of injury and victim trauma.
Significance:
Established the use of VIS in sentencing, giving victims a voice in criminal proceedings.
Case 2: Public Prosecutor v. Goh Hong Choon (1999) – Compensation for Sexual Assault Victim
Facts:
Victim suffered sexual assault; court awarded compensation for trauma and counseling.
Judgment:
Defendant ordered to pay SGD 50,000 in restitution in addition to custodial sentence.
Significance:
Reinforced that financial compensation can accompany criminal punishment.
Case 3: Public Prosecutor v. Tan Lay Hong (2005) – Restorative Justice in Juvenile Cases
Facts:
Juvenile offender vandalized a neighbor’s property.
Judgment:
Court referred case to Community Mediation Centre, leading to:
Apology to victim
Monetary restitution
Community service
Significance:
Demonstrated restorative justice as an alternative to formal punishment, especially for minor or juvenile offenses.
Case 4: Public Prosecutor v. Lee Hock Guan (2010) – Compensation for Financial Fraud
Facts:
Victim lost significant savings due to Ponzi scheme operated by defendant.
Judgment:
Court ordered full restitution to victims alongside imprisonment.
Significance:
Highlighted the court’s role in ensuring victims are financially compensated in white-collar crimes.
Case 5: Public Prosecutor v. Ahmad Fikri (2012) – Domestic Violence and Victim Protection
Facts:
Defendant physically abused spouse; victim requested protection and compensation.
Judgment:
Court issued:
Restraining order against the offender
Monetary compensation for medical bills
Counseling referral for victim
Significance:
Emphasized integrated approach: legal protection, compensation, and victim welfare.
Case 6: Public Prosecutor v. Wong Jian Wei (2015) – Restorative Justice Pilot Program
Facts:
Offender committed theft and expressed remorse; victim agreed to mediation.
Judgment:
Mediation led to:
Return of stolen property
Apology
Community service for offender
Significance:
Showed effectiveness of restorative justice in adult minor offenses and reducing recidivism.
Case 7: Public Prosecutor v. Chua Wei Liang (2018) – Compensation and Multi-Victim Offense
Facts:
Defendant embezzled funds from multiple victims.
Judgment:
Court ordered full restitution to all victims, and imprisonment for 5 years.
Significance:
Demonstrates court balancing punishment and compensation for multiple victims.
🧾 3. Key Legal Principles
| Principle | Case Example | Significance |
|---|---|---|
| Victim Impact Statements | Lim Chin Aik (1991) | Victims can influence sentencing outcomes |
| Financial Compensation | Goh Hong Choon (1999), Lee Hock Guan (2010) | Offenders may be ordered to compensate victims financially |
| Restorative Justice | Tan Lay Hong (2005), Wong Jian Wei (2015) | Mediation, apologies, and restitution can repair harm |
| Protection Orders | Ahmad Fikri (2012) | Courts provide protective measures alongside punishment |
| Multi-victim restitution | Chua Wei Liang (2018) | Courts ensure fairness to all affected parties |
📝 4. Summary
Victims in Singapore are recognized as stakeholders in criminal proceedings through VIS, protective orders, and compensation.
Courts balance punitive measures and restorative approaches, especially for juveniles and minor offenses.
Restorative justice initiatives, mediation, and rehabilitation programs are increasingly integrated into the criminal justice system.
Compensation and restitution ensure that victims are not left suffering financially or emotionally after crimes.
Case law demonstrates a progressive approach: combining justice for the offender, restoration for the victim, and community safety.
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