Mitigation Plea in Singapore

The Gentle Art of Mitigating

When an accused pleads guilty or is found guilty after a trial, he is entitled to make, or have made on his behalf, a plea in mitigation before sentence is passed by the court. The prosecution will also be given the opportunity to make arguments about what the sentence should be.

What is a plea in mitigation?

A mitigation plea is made in the majority of criminal cases. It involves informing the court of any mitigating factors the accused may have, followed by a request for compassion and leniency in the hope of a lesser penalty upon conviction.

The objective of a plea in mitigation is to obtain the least punishment reasonably available in all circumstances, which is consistent with justice and to convince the court of the most appropriate sentence for the accused.

What are mitigating factors?

A mitigating factor is any information or evidence presented to the court regarding the personal circumstances of the accused or the circumstances surrounding how the offence had been committed or had occurred. This gives credit to the accused and allows the court to impose a lighter sentence than it usually would.

It is to be noted that maximum credit for a guilty plea can only be guaranteed if the accused pleads on the earliest reasonable occasion and does not claim trial. Additionally, it would be good to take into consideration what the court’s sentencing powers are, whether a minimum sentence is prescribed for the offence, whether a custodial sentence is mandatory and whether other punishments such as driving disqualification, caning, probation or reformative training, preventive detention or corrective training are applicable.

What are the examples of mitigating factors?

Mitigating factors can be divided into two categories:

Specific mitigating factors – which reduce the seriousness of the offence committed

Personal mitigating factors – peculiar to the accused which would merit leniency

For the former, these include minor loss or detriment suffered by the victim, the minor or subordinate role played by the accused in the offence, the victim’s culpability in participating in the crime.

For the latter, these can be divided up further into:

• The accused’s background and attitude – e.g. family background, educational qualifications
• The accused’s previous good character – lack of prior criminal record, worthy social contributions and distinguished public service
• The accused’s behaviour subsequent to the commission of the offence that shows his remorse and acceptance of responsibility – plea of guilt avoiding the wastage of the court’s time and resources, co-operation with the authorities and admissions to police, making restitution to the victim
• The accused’s age – most juvenile offenders below the age of 21 with no prior convictions are dealt with sympathetically, bearing in mind the potential for rehabilitation. Imprisonment is usually an option of last resort and is reserved for serious offences or where earlier efforts at rehabilitation have failed. Discounts could possibly be given to elderly offenders in special circumstances or where there is long-term imprisonment.
• The accused’s medical history or psychiatric condition – ill health such as cancer, mental conditions such as intellectual disability, mental illnesses such as schizophrenia could compromise or impair the judgment of the accused at the time the crime was committed; it can also be argued that imprisonment would endanger the accused’s current medical condition.