There are three things you should know about the recent case where a 23-year-old dentistry student from NUS physically assaulted his ex-girlfriend in her home.
First, the facts behind the case. Reported by Cara Wong, this is how it happened.
“In May last year, the victim broke up with Yin. He then used an access card she previously gave him to access her house. He met her in the basement, and they snuck into her room where the incident occurred.”
“Yin pleaded with her not to end their relationship, but she refused. He then hit his own head against the wall, placed his hands on the victim’s neck and tried to strangle her.”
“After she struggled, he released his grip and pressed his thumb against her eye, causing it to bleed. She later blacked out, but came to and ordered him to leave.”
Second, Yin was sentenced recently, and based on the view that he was “not at high risk of re-offending” and due to “his relative youth, rehabilitative prospects and lack of antecedents”, the judge gave a community-based sentence rather than imprisonment.
He was handed a short detention order of 12 days and 80 hours of community service. He was also given a day reporting order for five months. FYI, a detention order is different from prison because the individual is ordered to be detained in a certain place like boys’ home (as compared to Changi Prison). It does not leave a criminal record.
The sentence also took into account the balance between there being no permanent injuries to the victim’s eye and the affliction of some psychological harm, for “she suffered from insomnia and was haunted by nightmares of Yin breaking into her house”.
This balance, in the judge’s view, tilted in favour of community-based sentence.Further, Yin’s after-assault behaviour may have also lent some support to the sentence. He “voluntarily returned to the victim’s house to seek forgiveness from her and her parents after the attack.”
His forgiveness was not exactly accepted as the victim’s stepfather (in reaction) punched and slapped Yin several times in the face and “also burnt his face with a cigarette butt”.
Thirdly, the community-based sentence did not go down well with PAP Women’s Wing, Aware, women ministers and the general public at large. Yin got off too lightly and this has sent the wrong deterrence message to society.
Mind you, two petitions have been going around, calling for harsher sentence and they have garnered 14,500 and 16,500 signatures. Currently, Yin has been suspended and not allowed on campus.
Josephine Teo’s FB carried this message in large caps: the matter was “an issue of serious concern”. Sim Ann said: “It boils down to whether or not outcomes in these cases have been able to keep up with evolving norms and expectations in society...It’s a very positive sign for society that our youths are so ready to be a part of this process and that they care deeply about (these) issues.”
The three facts above led our law minister Shanmugam to step in. He said the MHA will review the case.
The review would cover three areas: “the penalties for such cases in general; the extent to which an offender’s background, among other factors, should be relevant in penalties; and how punishments for such offences stack up against punishments for other offences like theft.”
He made a valid point when he said that “it’s natural when people are unhappy, they look at the courts and the judges.” He said however the “courts are not the issue here as judges decide based on what is presented to them.”
“When we disagree, the approach should be to look at the legal policy framework, which the Government can change, and which is what we will do.”
You should know that for voluntarily causing hurt, Yin could have been jailed up to two years and fined up to $5,000.
The DPP is not appealing because they were the ones who had asked for a short detention order. And the stepfather was given a warning by the police for the punches and cigarette burns.
Lesson? Mm...I am quite curious about one of the reviews the MHA is tabling for discussion: “the extent to which an offender’s background, among other factors, should be relevant in penalities.”
My concern is about one’s educational background. Although it is clear that it shouldn’t matter, there is nevertheless a tendency (maybe human nature) to highlight in mitigation how far up the young offender had scaled the academic ladder.
The presumption here is that he is more prone to offer himself for reform or rehabilitation if he had such discipline and determination to consistently ace the exams and earn a place for himself in our prestigious schools for a shot at contributing to society in a positive and enduring way.
This presumption is quite unfortunately set in stone here. You are often looked up to when the academic segment of your resume runs up to many pages as compared to one that only manages half a page.
But I think the self-control required to do well in one’s studies and the self control to do good or right regardless of the circumstances come from very different sources. And education does not guarantee that one will have the self-control (or self-discipline) to overcome personal life’s trials.
In fact, there is a risk that the more educated the person is, the greater chance he will feel offended if he is not accorded the attention and respect he thinks he deserves.
And if pride cometh before a fall, then the ones society tends to look up to due to their educational background generally fall the hardest because of the illusory heights they have imagined for themselves.
While I am not saying that you cannot be down to earth when you are ”up there” academically, the struggle is tougher because the self-discipline to not allow pride to puff up your image and give you a sense of invincibility is more demanding due to the attention and praises you normally get in society.
So, I have learned that character has little to do with one’s education. It’s a lesson I keep reminding myself. For ultimately, what counts is the choices we make when we are faced with circumstances that challenge our moral senses or inner worth or moral character.
And if we are able to overcome the temptations that unexpectedly emerge along life’s many crossroads, we will then be on our way to passing an empowering legacy to our children as vulnerable examples for them to follow.
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