RETRIBUTION

The act of taking revenge on criminal offender.

Right to strike back at criminals
MAKE THEM PAY
Wrong not to punish the guilty
Based on the perceived need for vengeance.
Grounded in religious dictum of an eye for an eye
Rebalance any unjust advantage gained by ensuring that the
offender also suffers a loss.
Retribution is not an avocation for excessive punishment.
The punishment must fit the crime

Retribution
Placing sanctions on an
offender
Relates
to
revenge
or
payback, but is bigger than
this. It also ensures the
offender
is
adequately
punished
Vengeance

Hari Ram Seghal v Public Prosecutor

Not to hand out to victims of aggression

their pound of flesh
To protect society by enforcing justice to
accuser and accused.

Public Prosecutor v Teh Ah Cheng

Possession & use of firearms

Enough is enough for crimes involving
violence & unlawful possession & use of
lethal weapons
Public cannot tolerate such offenders.

DETERRENCE
To put potential criminals off committing crimes.
Persuade those who are thinking about committing
crimes to think again.
Drunken drivers: deter other would-be drunken
drivers

Deterrence

Something that discourages or

intends to discourage someone from
doing something
Specific deterrence aims to
discourage the offender from
reoffending
General deterrence aims to
send a message to the broader
community,
discouraging
them
from similar behaviour

INCAPACITATION
Remove offenders ability to commit further offences.
To make difficult for the offender to commit the
crime again
LOCK THEM UP AND THROW AWAY THE KEY
Imprisonment separates offenders from the community, removing or
reducing the likelihood that the offender will commit future offenses.
This type of punishment seeks to protect innocent members of
society from offenders who might harm them.
The death penalty does this in a permanent way.
In Shariah Law, people who stole have been punished by having their
hands amputated.

Incapacitation

Form of removing the offender

from the community
Imprisonment
Home detention
Cancellation of licence
(Removing
resources
eg
firearms)

REHABILATION
This approach believes that people can be reformed
with appropriate supervision and treatment.
Doing whatever was done to you back will only create a
worse situation & no one learns anything.
INDIVIDUALISED SENTENCING: the punishment must
fit offender, not necessarily the crime (Hashim Yeop A
Sani J in PP v Loo Choon Fatt)
Suitable for young offenders & no previous bad record.
Adults: ineffective.

Rehabilitation

Deter the offender from

reoffending by attempting to
change the mindset of the
offender

Teo Siew Peng & 4 Ors v Public Prosecutor

Gang robbery S.395 of PC

Tan Chiaw Thong J:

Matter of consideration by court: Whether

in order to turn the appellants into good
citizens, they should be sent to prison or
given another chance to turn a new leaf.
The aim better achieved by not sending
them to prison.