The plea of guilt has been taken on 18th Oct. The next mention is fixed on Tue 23rd Oct at 1030am @ Subordinate Courts, Court 24. On that day we will present the plea in mitigation and request for a probation order. If probation is not granted, the court will proceed to the sentencing session. But even if a custodial sentence and/or fine is given, I will apply to postpone the serving of the sentence to "sort out personal matters" to Dec during the school holiday so definitely I will not go to QRP on that day.

It is still hard to say if probation will be granted. Although we do have substantial ground for the request to be seriously considered, the district judge may not be willing to do so in exercising jurisprudence. The then-CJ Yong Pung How has explicitly stated in PP v. Muhammad Nuzaihan bin Kamal Luddin [1999] when quashing the Probation Order that probation is not suitable for offences under the CMA since it is deemed as ineffective in preventing recidivism because most of CMA offences are committed at home and the due consideration to the principle of general deterrence. The fact that the offences were committed at school may weaken the former argument but the latter part is also a significant factor. Since the Subordinate Courts ought to follow the case laws set by the High Court, the district judge may not (be willing to) differentiate between the two cases. Therefore I may need to make a magistrate appeal to the Supreme Court, which has the revisionary power over past case laws and see if they are willing to make an exception. Fortunately the probation of Garyl Tan sets a precedence and makes it easier to obtain a probation.

In the worst situation, I may get 2 months for each of the charges, if run consecutively, makes up a total of 4 months (which was the sentence meted out by CJ YPH for Muhammad Nuzaihan bin Kamal Luddin), but that is highly unlikely since in this case is less severe in both criminal intent and damages incurred. The plea in mitigation is much more convincing and persuasive as well so definitely it is going to be less than that. The Criminal Procedure Code (cap. 68, s 18) also allows sentences for 2 charges to run concurrently. So I think if the judge insists on a custodial sentence instead of probation, most likely it will be 1 month (and hopefully less) for each charge to run concurrently. However, even if only a fine is imposed, I am very likely to appeal since successful completion of probation does not carry a conviction record, although the probation may last a substantial period of time (most likely 20-30 months). One good news, the prosecution has no objection on a probation and will leave the decision to the Court's discretion.

So to summaries, just keep fingers crossed. =)

The latest news from ST, not all precise but still provides enough information for those who are interested:
http://www.straitstimes.com/Latest+News/Courts+and+Crime/STIStory_168213.html?vgnmr=1