ST Explains What is judicial mercy, and how does it apply to Ong Beng Seng's case?

Property tycoon Ong Beng Seng pleaded guilty to one count of abetting the obstruction of justice on Aug 4.

- David Sun

Both the defence and the prosecution noted that a fine in lieu of jail would be appropriate as he has advanced multiple myeloma, which is an incurable cancer.

His lawyers urged the court to exercise judicial mercy and impose a fine with no prison time.

The prosecution did not object to this, noting that even if the court did not exercise judicial mercy, there was basis for it to consider Ong's ill-health as a mitigating factor for a significant reduction of sentence.

WHAT IS JUDICIAL MERCY?

Judicial mercy is the discretionary power of Singapore's courts to give a more lenient sentence because of exceptional mitigating circumstances. It has a high threshold, and so far has been exercised in only two types of situations.

The first is where the offender is suffering from terminal illness.

The second is where the offender is so ill that jail time would carry a high risk of endangering the offender's life.

The High Court previously said that when judicial mercy is exercised, the central consideration by the court is not the culpability of the offender.