THEORIES OF PUNISHMENT
sentences.
Purpose of law : To regulate the conduct if the
society
Purpose of punishment :
a) To give some sort of reminder to the
society in which if they do the same crime,
they will be punished accordingly
b) To provide justice to the victims
c) To ensure the harmonious of the country
where offenders are punished and human
rights are protected
d) To apply punishment on certain offences
so that law can be imposed effectively
TYPES OF PUNISHMENT
 RETRIBUTION
- The basis is the right to strike back at criminals
(an eye for an eye or a tooth for a tooth)
- E.g. - S.302 of PC - death penalty (murder)
- Indicates vengeance
 Relieves the need for vengeance of the
victim or his relatives and friends.
 The public itself has a need for vengeance.
Punishment by state is socially acceptable
outlet for agression.
Hari Ram Seghal v PP
Courts have progressed from ‘an eye for an
eye’, ‘tooth for a tooth’ justice to protect
society by enforcing justice.
PP v Tan Ah Cheng
The public is entitled to be protected and it is
not likely to be protected if lenient sentences
are passed.
 DETERRENCE
- Aim : The threat of punishment will deter
people from committing the crime.
- 2 ways where the society is protected :
 The offender is deterred from committing
further crime
 The punishment of the offender serves as
an example and a threat to others
PP v Tan Ah Cheng
The court observed that sentence will deter
others who are like minded from committing
the same crime.
PP v Chung Kwong Huah
Deterrence sentences may very well be of
considerable value where crime is planned.
Burglars, robbers and users of firearms and
weapons may well be put off by deterrent
 INCAPACITATION
- Aim : To protect society from dangerous
criminal as some people pose a serious risk that
they should be locked away from society or
otherwise incapacitated.
Ways where punishment can be employed to
incapacitate offenders :
 Life imprisonment
 Mandatory minimum sentences
 Longer period of imprisonment
Others :
S.295 of PC - Police supervision which takes
effect after expiration of the sentence of
imprisonment.
According to S.296 of PC requires the person
subjected to report once a month to the police
and also to keep the police informed as to his
place and changes in residence.
 REHABILITATION
- Aim : To reform the offender so that he can
resume a normal and useful role in society.
Kenneth John Ball v R
A proper sentences serves the public in 2 ways :
 It deters others who might be tempted to
try crime
 It deters the particular criminal from
committing the crime again and induce
him to turn from a criminal to an honest
life
Teo Siew Peng v PP
The 5 appellants were young offenders guilty of
gang robbery. 4 of them are sentenced to 1 year
imprisonment and 2 to 3 strokes of rattan. The
5th appellant being a youthful offender was sent
to 1 year detention and 2 strokes of rattan in
Sarawak Boys Home School. The appellants
appeal.
Held : The court considered the best chance of
realising the object of turning the appellants
into good citizens in which it could be achieved
by not sending them to prison and whipping at
the same time.