Legal Provisions for Voluntarily Causing Hurt

The legislations in Singapore surrounding voluntarily causing hurt are taken seriously, with the Penal Code laying out clear definitions and provisions for these offences. Whether you are facing charges or looking to understand your rights as a victim, seeking criminal lawyer advice is crucial for achieving the best possible resolution. In this article, we will explain the legal definitions, elements, and potential penalties for voluntarily causing hurt and grievous hurt, as outlined in the Penal Code.

What is Voluntarily Causing Hurt?

The offence of voluntarily causing hurt is outlined in Section 321 of the Penal Code. It states:

“Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said to ‘voluntarily cause hurt.’”

This definition emphasises two key components: intention and knowledge, both of which are critical to establishing culpability. The term “hurt” refers to bodily pain, disease, or infirmity caused to another person, covering a wide range of physical harm, from minor injuries like bruises to more serious consequences.

Understanding these elements ensures clarity for both the victim and the accused in cases involving such offences.

Definition of Hurt

The term “hurt” can cover different forms of physical and psychological harm. The Penal Code specifically defines hurt and grievous hurt under Sections 319 and 320, respectively:

Hurt includes:

• Bodily pain
• Disease
• Infirmity (including psychological distress)

Grievous Hurt refers to more severe injuries and includes:

• Emasculation
• Death
• Permanent loss of sight or hearing
• Loss of any limb or joint
• Permanent disfigurement of the head or face
• Fractured or dislocated bones
• Any injury that endangers life or causes severe bodily pain for 20 days or more
• Non-consensual penetration causing severe bodily pain

Understanding Voluntarily Causing Grievous Hurt

Voluntarily Causing Grievous Hurt (VCGH), as defined under Section 322 of the Penal Code, occurs when an individual intentionally causes or knows that their actions are likely to cause grievous hurt.

“Grievous hurt” refers to severe injuries or consequences, including but not limited to:

• Fractures
• Dislocations
• Permanent disfigurations of the head or face
• Loss of sight/hearing
• Loss of limb
• Death

This classification differentiates between regular hurt and more extreme harm, ensuring proportionate legal consequences.

Key Elements of Voluntarily Causing Hurt

To convict someone of voluntarily causing hurt, the prosecution must establish the following essential elements:

1. An Act Causing Hurt

There must be a deliberate act that directly results in physical pain, disease, or infirmity to another person. This act could range from striking someone to administering harmful substances.

2. Intention or Knowledge

The perpetrator must have acted with the intention to cause harm or with the knowledge that their actions were likely to cause hurt. This intent distinguishes voluntary harm from accidental harm and plays a pivotal role in sentencing.

3. Causation

There must be a clear link between the perpetrator’s actions and the resulting harm to the victim. Medical evidence often plays a critical role in proving this connection.

By addressing these elements, the legal framework ensures that offenders are held accountable while protecting the rights of victims.

Sentencing for Voluntarily Causing Hurt

The punishment for voluntarily causing hurt is outlined in Section 323 of the Penal Code. Offenders may face:

• Imprisonment for up to 3 years,
• A fine of up to $5,000,
• Or both.

The severity of the sentence depends on factors such as the extent of the injury, the offender’s intent, and whether aggravating factors are present. For example, cases involving repeat offenders or premeditated attacks may warrant harsher penalties. The court also considers mitigating factors, such as remorse or cooperation with authorities, to determine a fair sentence.

Aggravating Factors

Certain circumstances can lead to more severe penalties in cases of voluntarily causing hurt. These include:

• Repeat Offender Status
  If the accused has prior convictions, it indicates a pattern of behaviour that warrants stricter sentencing.
• Victim Vulnerability
  Offenders who target vulnerable individuals, such as the elderly, children, or persons with disabilities, may face harsher consequences.
• Pre-planned Attack
  Evidence of premeditation, such as planning the time, place, or method of the attack, significantly increases the severity of the offence.
• Manner and Duration of the Attack
  A prolonged or particularly brutal assault demonstrates a higher degree of intent, leading to stricter penalties.
• Use of Weapons
  The involvement of weapons, whether sharp objects, blunt instruments, or dangerous chemicals, elevates the gravity of the offence.

Protecting Your Rights Against Voluntarily Causing Hurt

The Penal Code provides a robust framework for addressing offences of voluntarily causing hurt and ensuring justice for victims. Whether you are a victim or accused, navigating the legal complexities of such cases requires expert guidance.

At Low Law Corporation, our dedicated criminal lawyers are here to assist you. We offer comprehensive legal advice and representation to safeguard your rights and interests.

Contact us today to take the first step toward resolving your case effectively.