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{{short description|Statute of the Parliament of Singapore}}
{{Use Singapore English|date=December 2018}}
{{Use dmy dates|date=May 2020}}
{{Use British English Oxford spelling|date=July 2012}}
{{Infobox legislation
|caption             = [[Old Parliament House, Singapore|Old Parliament House]], photographed in January 2006
|short_title         = Vandalism Act
|long_title          = An Act to provide for exemplary punishment for acts of vandalism and to make special provisions in regard to certain offences relating to public property.
|citation            = No. 38 of 1966; now {{Singapore legislation|cap=341|ed=2014}}
|enacted_by          = [[Parliament of Singapore]]
|date_enacted        = 26 August 1966
|date_assented       = 31 August 1966<ref>{{Singapore Hansard|title=Assents to Bills Passed|date=26 October 1966|volume=25|column=342}}.</ref>
|date_commenced      = 16 September 1966
|bill                = Punishment for Vandalism Bill
|bill_citation       = Bill No. 36/66
|bill_date           = 17 August 1966
|introduced_by       = Wee Toon Boon ([[Ministry of Defence (Singapore)|Minister of State for Defence]])
|1st_reading         = 17 August 1966<ref>{{Singapore Hansard|mp=Wee Toon Boon|office=[[Ministry of Defence (Singapore)|Minister of State for Defence]]|reading=First|bill=Punishment for Vandalism|date=17 August 1966|volume=25|column=190}}.</ref>
|2nd_reading         = 26 August 1966<ref name="Hansard 19660826">{{Singapore Hansard|title=Punishment for Vandalism Bill|date=26 August 1966|volume=25|columns=291–305}}.</ref>
|3rd_reading         = 26 August 1966<ref name="Hansard 19660826"/>
|amendments          = 
|repeals             = 
|related_legislation = 
|summary             = 
}}

The '''Vandalism Act''' is a [[sources of Singapore law#Statutes|statute]] of the [[Parliament of Singapore|Parliament]] of [[Singapore]] that criminalizes a number of different acts done in relation to public and private property, namely, stealing, destroying or damaging public property; and, without the property owner's written consent, writing, drawing, painting, marking or inscribing on property; affixing posters, placards, ''etc.'', to the property; and suspending or displaying on or from the property any flag, banner, ''etc.''

In addition to a fine or jail term, the Act imposes [[mandatory sentencing|mandatory]] [[corporal punishment]] of between three and eight strokes of the [[caning in Singapore|cane]] for second or subsequent convictions. Caning is also imposed for first convictions for defacing property using an indelible substance; and stealing, destroying or damaging public property. The [[Children and Young Persons Act (Singapore)|Children and Young Persons Act]] ("CYPA") states that the [[High Court (Singapore)|High Court]] may impose a caning penalty on juvenile offenders as well. In a 1968 case, the High Court held that despite the wording of this provision, a [[Subordinate Courts of Singapore|subordinate court]] may sentence juveniles to caning under the Vandalism Act as that Act takes precedence over the CYPA.

The 1994 conviction of 18-year-old American citizen [[Michael P. Fay]] for vandalizing cars using spray paint, and the sentence of six strokes of the cane imposed on him, provoked much controversy with both condemnation and support from Americans. Following a request by [[President of the United States|US President]] [[Bill Clinton]] for [[pardon|clemency]], [[President of Singapore|President]] [[Ong Teng Cheong]] [[commutation of sentence|commuted]] Fay's caning sentence from six to four strokes. In 2010, a Swiss national, [[Oliver Fricker]], pleaded guilty to charges of trespassing into a [[Mass Rapid Transit (Singapore)|Mass Rapid Transit]] depot and spray-painting a train with an accomplice, and was sentenced to five months' jail and three strokes of the cane. On appeal, the High Court increased his total jail term to seven months.

==History==
Vandalism was originally prohibited by the Minor Offences Act, which made it punishable by a fine of up to [[Singapore dollar|S$]]50 and/or a week in jail.<ref name=Rajah>{{citation|author=Jothie Rajah|title=Authoritarian Rule of Law: Legislation, Discourse, and Legitimacy in Singapore|location=Cambridge; New York, N.Y.|publisher=[[Cambridge University Press]]|year=2012|isbn=978-1-107-01241-7}}.</ref> The Vandalism Act<ref>No. 38 of 1966; now the {{Singapore legislation|title=Vandalism Act|cap=341|ed=1985}} ("VA").</ref> was introduced into [[Parliament of Singapore|Parliament]] as the Punishment for Vandalism Bill on 17 August 1966. At the [[reading (legislature)#Second reading|second reading]] of the bill on 26 August, its introducer, the [[Ministry of Defence (Singapore)|Minister of State for Defence]] Wee Toon Boon, said that [[List of Singapore MPs|Members of Parliament]] were aware of the reasons for the bill

{{quote|... for we have witnessed for some time the sorry spectacle of people of ill-will smearing and defacing our fair city. The writing of slogans, drawing of pictures, painting and marking or inscribing on public and private property has been rampant. Indeed, even the sides of drains have been used by anti-social and anti-national elements in the name of democracy, but their crude artistic feats in effect destroy and deface what democracy has built for the people. Singapore has also recently witnessed acts of vandalism like the theft of insulating oil from electrical power stations and the wanton damage to fountains. Damaging or destroying public property which is provided for the benefit of the people must be considered extremely serious, for it is the people themselves who ultimately pay for the services and amenities provided by the Government. However, there are, regrettably, certain irresponsible persons in the community who find a cruel joy in destroying and damaging public property. In the interests of the nation, it is therefore necessary that the minority who cause damage should be dealt with severely.<ref>{{Singapore Hansard|mp=Wee Toon Boon|reading=Second|bill=Punishment for Vandalism|date=26 August 1966|volume=25|columns=291–292}}.</ref>}}

Taking part in the Parliamentary debate, the [[Prime Minister of Singapore|Prime Minister]] [[Lee Kuan Yew]] commented that the bill, which sought to impose a [[mandatory sentencing|mandatory]] [[caning in Singapore|caning sentence]] on persons convicted for the first time of vandalism with an indelible substance, was a "departure from what is normal criminal law legislation". However, the punishment was necessary because

{{quote|... we have a society which, unfortunately, I think, understands only two things – the incentive and the deterrent. We intend to use both, the carrot and the stick. ... [<span class="ltr">A</span>] fine will not deter the type of criminal we are facing here. He is quite prepared to go to [[wikt:gaol#Noun|gaol]], having defaced public buildings with red paint. Flaunting the values of his ideology, he is quite prepared to make a martyr of himself and go to gaol. He will not pay the fine and make a demonstration of his martyrdom. But if he knows he is going to get three of the best, I think he will lose a great deal of enthusiasm, because there is little glory attached to the rather humiliating experience of having to be caned.<ref>{{Singapore Hansard|mp=Lee Kuan Yew|mplink=Lee Kuan Yew|office=[[Prime Minister of Singapore|Prime Minister]]|reading=Second|bill=Punishment for Vandalism|date=26 August 1966|volume=25|columns=295–297}}.</ref>}}

The bill was committed to a [[Committee of the Whole|Committee of the whole House]], read a third time and passed the same day. It was assented to by the [[President of Singapore]] on 31 August, and came into force on 16 September 1966. As of 2010, the Act had not been amended significantly since it was enacted.

Jothie Rajah of the [[American Bar Foundation]] has argued that the actual target of the law was activists from the [[Barisan Sosialis]], an opposition party harshly suppressed at the time, which used posters and graffiti to spread its message.<ref name=Rajah/> In the 1994 case ''Fay Michael Peter v. Public Prosecutor'',<ref>''Fay Michael Peter v. Public Prosecutor'' [1994] 1 S.L.R.(<span class="ltr">R</span>) [''Singapore Law Reports (Reissue)''] 1063, [[High Court of Singapore|High Court]] (Singapore).</ref> the [[appeal#Who can appeal|appellant]]'s counsel made a similar argument, submitting briefly before the [[High Court of Singapore|High Court]] that the original legislative intent behind the imposition of a caning penalty was to suppress violent political elements which existed in Singapore in the 1960s which had, among other things, inscribed anti-national slogans in public places. However, [[Chief Justice of Singapore|Chief Justice]] [[Yong Pung How]] took the view that it was "too simplistic" to claim that the Act was aimed mainly at punishing riotous anti-national elements: "That may have been one of the more urgent objectives at the time the Act was enacted in 1966 but a reading of the relevant Parliamentary Debates shows that the Legislature was simultaneously concerned with containing anti-social acts of hooliganism."<ref>''Fay Michael Peter'', para. 16.</ref>

==Provisions==

===Definition of ''act of vandalism''===
Section 2 of the Vandalism Act defines an ''act of vandalism'' as:

:(<span class="ltr">a</span>) without the written authority of an authorised officer or representative of the [[Government of Singapore|Government]] or of the government of any [[Commonwealth of Nations|Commonwealth]] or foreign country or of any statutory body or authority or of any armed force lawfully present in [[Singapore]] in the case of public property, or without the written consent of the owner or occupier in the case of private property —
::(<span class="ltr">i</span>) writing, drawing, painting, marking or inscribing on any public property or private property any word, slogan, caricature, drawing, mark, symbol or other thing;
::(<span class="ltr">ii</span>) affixing, posting up or displaying on any public property or private property any poster, placard, advertisement, bill, notice, paper or other document;<ref>On 5 October 2009, five [[Falun Gong|Falungong]] practitioners were arrested by the police under the Vandalism Act for affixing 82 posters and banners about the Falungong to the wall of the [[Esplanade Bridge]] underpass: {{citation|author=Zakir Hussain|title=Falungong man first to be arrested under 'move-on' law|newspaper=[[The Straits Times]]|date=16 October 2009}}.</ref> or
::(iii) hanging, suspending, hoisting, affixing or displaying on or from any public property or private property any flag, bunting, standard, banner or the like with any word, slogan, caricature, drawing, mark, symbol or other thing; or
:(<span class="ltr">b</span>) stealing, destroying or damaging any public property.

''Public property'' means [[personal property|movable]] or [[immovable property]] owned by the Government of Singapore, the government of any Commonwealth or foreign country, any statutory body or authority, or any armed force lawfully present in Singapore.<ref>VA, s. 2.</ref>

===Offences and penalties===

Notwithstanding the provisions of any other written law, it is an offence under the Act to commit any act of vandalism, attempt to do any such act, or cause any such act to be done. Upon conviction, the penalty is a fine not exceeding [[Singapore dollar|S$]]2,000 or imprisonment not exceeding three years, and also [[corporal punishment]] of not less than three strokes and not more than eight strokes of the cane. However, caning will not be imposed on a first conviction if the act carried out falls within section 2(<span class="ltr">a</span>)(<span class="ltr">i</span>) and "the writing, drawing, mark or inscription is done with pencil, crayon, chalk or other delible substance or thing and not with paint, tar or other indelible substance or thing", or within sections 2(<span class="ltr">a</span>)(<span class="ltr">ii</span>) or (iii).<ref name="VA 3">VA, s. 3.</ref>

In the ''Fay Michael Peter'' case, the appellant [[Michael P. Fay]] had earlier pleaded guilty before a district judge to two charges of vandalism by spraying red paint on two cars. Twenty other charges were taken into consideration for sentencing purposes, 16 of them charges of vandalism committed with paint. On appeal to the High Court, Fay's counsel argued that the Act, properly [[statutory interpretation|interpreted]], showed that Parliament had not intended to punish all acts of vandalism using paint with caning, and that in each case the court had to determine if the paint used was easily removable or not before deciding whether to sentence the defendant to caning. Chief Justice Yong Pung How rejected this submission on the ground that there was no reason to deviate from the plain meaning of the words in the Act. There was no indication in the Act of any Parliamentary intention to subject all acts of vandalism committed with paint to an ''[[ad hoc]]'' test of indelibility. He said:

{{quote|Conversely, to compel the courts to admit in every vandalism case involving paint, a plethora of evidence on the delibility or otherwise of the paint used in the offence, seemed to me to be throwing the floodgates open to endless and increasingly convoluted arguments about the exact scientific degree of ease with which any particular type of paint is removed: it is the sort of absurdity virtually guaranteed to thwart the legislative intent, as stated in the preamble, of providing for "exemplary punishment for acts of vandalism".<ref>''Fay Michael Peter'', para. 11.</ref>}}

The punishment imposed by the Act is expressly made subject to sections 325(<span class="ltr">1</span>) and 330(<span class="ltr">1</span>) of the Criminal Procedure Code,<ref>{{Singapore legislation|title=Criminal Procedure Code|cap=new|no=15|year=2010}} ("CPC") (formerly s.&nbsp;231 of the {{Singapore legislation|title=Criminal Procedure Code|cap=68|ed=1985|lk=off}}.</ref> which prohibit a caning sentence from being imposed on women, men considered by the court to be more than 50 years old, and men [[capital punishment in Singapore|sentenced to death]].<ref name="VA 3"/> Caning sentences may be imposed on juveniles above the age of seven years and under 16 years,<ref>The CPC, s.&nbsp;329(<span class="ltr">4</span>), states that caning shall be inflicted on a juvenile with a "light rattan"; under s.&nbsp;2, ''juvenile'' means a person who, in the absence of legal proof to the contrary, is seven years of age or above and below the age of 16 years in the opinion of the court. No child under seven years old may be charged with an offence ({{Singapore legislation|title=Penal Code|titlelink=Penal Code (Singapore)|cap=224|ed=2008}} ("PC"), s.&nbsp;82), and a child above seven and under 12 years may only be found guilty of an offence if he or she has attained sufficient maturity of understanding to judge the nature and consequence of his or her conduct (PC, s.&nbsp;83).</ref> as the Children and Young Persons Act specifically states that, notwithstanding the provisions of any other written law, no child or young person shall be sentenced by any court ''other than the High Court'' to corporal punishment.<ref>{{Singapore legislation|title=Children and Young Persons Act|cap=38|ed=2001}} ("CYPA"), s.&nbsp;37(<span class="ltr">3</span>) (emphasis added). A ''child'' is a person below 14 years, and a ''young person'' is a person who is 14 years or above and below the age of 16 years: s.&nbsp;2.</ref> Despite the express words reserving to the High Court the power to impose the penalty, the Court has held that caning may be imposed on a child or young person by a [[Subordinate Courts of Singapore|subordinate court]] as the Vandalism Act takes precedence over the Children and Young Persons Act.<ref>''Ang Chin Sang v. Public Prosecutor'' [1968–1970] S.L.R.(<span class="ltr">R</span>) 4 at paras. 10–12, High Court. When the decision was rendered in 1968, the relevant provision was s. 55(<span class="ltr">3</span>) of the Children and Young Persons Ordinance (Cap. 128, 1955 Rev. Ed.), which was identical to the CYPA, s.&nbsp;37(<span class="ltr">3</span>). For criticism, see {{citation|author=Chan Wing Cheong|title=Changes to the Juvenile Justice System: Children and Young Persons Act, 1993|journal=Singapore Journal of Legal Studies|year=1994|pages=448–456 at 452–453}}.</ref>

===Other provisions===
Offences under the Act are arrestable and [[bail|non-bailable]].<ref>VA, s. 6.</ref> Thus, a person committing such an offence may be arrested without a [[arrest warrant|warrant]] by a police officer and, in some circumstances, a private person.<ref>CPC, ss. 2(<span class="ltr">1</span>) (definition of ''arrestable offence''), 64 (arrest by police without warrant) and 66 (arrest by private person).</ref>

The Act also provides that in the case of a prosecution for dishonestly receiving stolen property under section 411 of the [[Penal Code (Singapore)|Penal Code]], where the stolen property is public property, it shall be [[presumption|presumed]] unless the defendant is able to prove otherwise that the person who received or retained the property knew or had reason to believe that the property was stolen public property, and also that he or she received or retained it dishonestly.<ref>VA, s. 7.</ref>

==Notable cases==
[[File:Graffiti-Underpass-CentralBusinessDistrict-Singapore-20071102.jpg|thumb|Graffiti in a pedestrian underpass in the [[Central Area, Singapore|Central Area]]]]

===Michael Fay (1994)===
On 3 March 1994, [[Michael P. Fay]], an 18-year-old American citizen, pleaded guilty to two charges of vandalizing cars by spray-painting them between 17 and 18 September 1993 together with three accomplices. One of the cars belonged to [[Judicial Commissioner]] Amarjeet Singh. Fay was sentenced by a District Court to two months' imprisonment and three strokes of the cane on each charge.<ref>''Fay Michael Peter'', paras. 1–2.</ref> The High Court later rejected an appeal against the sentence.<ref>''Fay Michael Peter''.</ref> The caning sentence provoked much controversy in the United States, and was condemned as cruel and excessive for a non-violent offence.<ref>{{citation|author=Andrea Stone|title=Whipping penalty judged too harsh – by some|url=http://www.corpun.com/sgju9403.htm#andrea|archive-url=https://web.archive.org/web/20080619173801/http://www.corpun.com/sgju9404.htm|archive-date=19 June 2008|newspaper=[[USA Today]]|date=10 March 1994}}; {{citation|author=Philip Shenon|title=Singapore Journal: A flogging sentence brings a cry of pain in U.S.|url=https://www.nytimes.com/1994/03/16/world/singapore-journal-a-flogging-sentence-brings-a-cry-of-pain-in-us.html|newspaper=[[The New York Times]]|date=16 March 1994}}; {{citation|title=What US columnists say about Fay's caning|url=http://www.corpun.com/sgju9404.htm#6392|archive-url=https://web.archive.org/web/20080619173801/http://www.corpun.com/sgju9404.htm|archive-date=19 June 2008|newspaper=The Straits Times|date=8 April 1994}}; {{citation|author=Asad Latif|title=It's all invectives and not cold logic|url=http://www.corpun.com/sgju9404.htm#6393|archive-url=https://web.archive.org/web/20080619173801/http://www.corpun.com/sgju9404.htm|archive-date=19 June 2008|newspaper=The Straits Times|date=8 April 1994}}.</ref> On the other hand, a significant number of Americans supported the penalty, reasoning that American citizens who travelled abroad had to respect the laws of the countries that they visited, and that the United States was not tough enough on its own juvenile offenders.<ref>{{citation|title=Travel advisory – When in Rome ... &#91;editorial&#93;|url=http://www.corpun.com/sgju9403.htm#4908|archive-url=https://web.archive.org/web/20080619173801/http://www.corpun.com/sgju9404.htm|archive-date=19 June 2008|newspaper=[[Los Angeles Times]]|date=19 March 1994}}; {{citation|author=Mike Royko|author-link=Mike Royko|title=Readers get 'behind' flogging of vandal|url=http://www.corpun.com/sgju9403.htm#royko|archive-url=https://web.archive.org/web/20080619173801/http://www.corpun.com/sgju9404.htm|archive-date=19 June 2008|newspaper=[[Daily News (New York)|Daily News]]|location=New York|date=30 March 1994}}; {{citation|author=David Usborne|title='Joe Public' backs caning of American|url=https://www.independent.co.uk/news/world/joe-public-backs-caning-of-american-1367479.html|newspaper=[[The Independent|The Independent on Sunday]]|location=London|date=3 April 1994}}.</ref> Following a request by [[President of the United States|US President]] [[Bill Clinton]] for [[pardon|clemency]], [[President of Singapore|President]] [[Ong Teng Cheong]] [[commutation of sentence|commuted]] Fay's caning from six to four strokes. The sentence was carried out on 5 May 1994.<ref>
{{citation|author=William Branigin|title=Singapore reduces American's sentence|url=http://www.corpun.com/sgju9405.htm#3693|newspaper=[[The Washington Post]]|date=5 May 1994}}; {{citation|author=Philip Serwell|author2=Patricia Wilson|title='Mistake' says Clinton as American is caned|newspaper=[[The Daily Telegraph]]|location=London|date=6 May 1994}}; {{citation|author=Philip Shenon|title=Singapore carries out caning of U.S. teenager|newspaper=[[International Herald Tribune]]|date=6 May 1994}}.</ref>

===SMRT train at Changi Depot (2010)===
A 32-year-old [[Switzerland|Swiss]] national, [[Oliver Fricker]], was charged in court on 5 June 2010 for having allegedly trespassed into the [[SMRT Corporation]]'s [[Changi Depot]], a protected place, and vandalized a [[Mass Rapid Transit (Singapore)|Mass Rapid Transit]] [[C151]] train by spray-painting graffiti on it between the night of 16 May and the early hours of 17 May. The graffiti consisted of the words "McKoy Banos", said to be the signature of two anonymous "artists" who have tagged trains around the world. A Briton, Dane Alexander Lloyd, was also named on the charge sheet, but he was not present in court and was believed to have left Singapore for Hong Kong.<ref name="ST 20100606">{{citation|author=Shuli Sudderuddin|title=Swiss charged with trespass, vandalism|newspaper=[[The Straits Times|The Sunday Times]]|location=Singapore|date=6 June 2010|page=1}}; {{citation|author=Surekha Yadav|title=MRT vandalism: Swiss national to face charges: Suspect could faced up to 3 years jail or a $2000 fine for vandalism and caning|url=http://www.todayonline.com/Singapore/EDC100605-0000105/MRT-vandalism--Swiss-national-to-face-charges|archive-url=https://www.webcitation.org/5qI9tLFWl?url=http://www.todayonline.com/Singapore/EDC100605-0000105/MRT-vandalism--Swiss-national-to-face-charges|archive-date=6 June 2010|newspaper=[[Today (Singapore newspaper)|Weekend Today]]|date=5–6 June 2010|page=6|url-status=dead}}; {{citation|author=Sujin Thomas|title=Briton in graffiti case may have left for Hong Kong|newspaper=The Straits Times|date=7 June 2010|page=3}}.</ref> A warrant of arrest for Lloyd has been issued by a court, and the authorities will seek to extradite him to stand trial in Singapore if there is an [[extradition#Extradition treaties or agreements|extradition treaty]] between Singapore and the country where he is found.<ref>{{citation|author=Adam Gabbatt|title=Singapore wants British man extradited over vandalism: Singapore authorities want to extradite Lloyd Dane Alexander for allegedly spray-painting a subway carriage|url=https://www.theguardian.com/world/2010/jun/08/singapore-wants-british-man-extradited|newspaper=[[The Guardian]]|location=London|date=8 June 2010}}; {{citation|author=Sujin Thomas|author2=Manik Mehta|title=Arrest order out|newspaper=The Straits Times|date=8 June 2010}}; {{citation|title=Briton wanted in Singapore over vandalism|url=http://www.timesonline.co.uk/tol/news/world/asia/article7145858.ece|newspaper=[[The Times]]|location=London|date=8 June 2010}}; {{citation|title=Warrant of arrest issued for Briton: Swiss national released on $100k bail; embassy says it won't interfere|url=http://www.todayonline.com/Singapore/EDC100608-0000114/Warrant-of-arrest-issued-for-Briton|archive-url=https://www.webcitation.org/5qUCiYept?url=http://www.todayonline.com/Singapore/EDC100608-0000114/Warrant-of-arrest-issued-for-Briton|archive-date=14 June 2010|newspaper=Today|date=8 June 2010|url-status=dead}}.</ref> On 25 June, Fricker pleaded guilty to the charges against him and was sentenced to two months' jail for trespass and three months' jail and three strokes of the cane for vandalism, the jail terms to run consecutively.<ref>{{citation|title=Swiss graffiti man faces Singapore caning|url=http://news.bbc.co.uk/2/hi/world/asia_pacific/10417167.stm|publisher=[[BBC News]]|date=25 June 2010}}; {{citation|author=Alex Kennedy|title=Singapore sentences Swiss man to caning for spraying graffiti on subway car|url=https://www.google.com/hostednews/canadianpress/article/ALeqM5gYstdyA4CyI032zGMjCZ2F4Tqalw|publisher=[[The Canadian Press]]|date=25 June 2010}}; {{citation|author=Elena Chong|title=Swiss vandal gets 5 months, 3 strokes: Vandals ordered paint, checked MRT depot, before graffiti attack|newspaper=The Straits Times|date=26 June 2010|pages=A1 & A12}}; {{citation|author=Elena Chong|title=Accused had no 'noble aim' in exposing lapses|newspaper=The Straits Times|date=26 June 2010|page=A12}}; {{citation|author=Shaffiq Alkhatib|title=SMRT vandal gets three strokes of the cane, 5 months' jail|url=http://www.todayonline.com/Hotnews/EDC100626-0000108/SMRT-vandal-gets-three-strokes-of-the-cane,-5-months-jail|archive-url=https://www.webcitation.org/5qljHUxuN?url=http://www.todayonline.com/Hotnews/EDC100626-0000108/SMRT-vandal-gets-three-strokes-of-the-cane,-5-months-jail|archive-date=26 June 2010|newspaper=Weekend Today|date=26–27 June 2010|page=3|url-status=dead}}.</ref> Both Fricker and the prosecution appealed to the [[High Court of Singapore|High Court]] against the trespass sentence. On 18 August, Justice [[V. K. Rajah|V.K. Rajah]] increased the sentence to four months, calling the original sentence "manifestly inadequate", thus requiring Fricker to serve seven months' jail altogether. He also commented that "[<span class="ltr">w</span>]hile some might regard graffiti as a stimulating and liberating activity that adds colour, spice and variety to a staid environment", such actions were "offensive to the sensibilities of the general public".<ref>''Fricker Oliver v. Public Prosecutor'' [2010] SGHC 239, [[High Court of Singapore|High Court]]; {{citation|author=Elena Chong|title=Judge gives MRT vandal extra two months in jail|newspaper=The Straits Times|date=19 August 2010|pages=A1 & A6}}; {{citation|author=Imelda Saad|title=Fricker should 'count himself fortunate'|url=http://www.todayonline.com/Hotnews/EDC100819-0000073/Fricker-should-count-himself-fortunate|archive-url=https://www.webcitation.org/5s6FkyUgQ?url=http://www.todayonline.com/Hotnews/EDC100819-0000073/Fricker-should-count-himself-fortunate|archive-date=19 August 2010|newspaper=Today|date=19 August 2010|page=2|url-status=dead}}.</ref>

===Rooftop of Block 85A Toa Payoh Lorong (2014)===
Five youths were charged with vandalism for spray painting a large flat wall panel on the top of the block with expletives directed against the [[People's Action Party|ruling party]]. The youths had stolen spray cans from a parked lorry and entered the rooftop of a HDB flat to carry out the act. A contractor and other HDB residents complained All five were given probation sentences.<ref>{{cite news |title=Toa Payoh vandalism case: Teen given second chance at probation |url=https://www.todayonline.com/singapore/toa-payoh-vandalism-case-teen-given-second-chance-probation |work=TODAYonline |language=en}}</ref>

===SMRT train at Bishan Depot (2014)===
On 5 March 2015, two [[Germans]], Andreas Von Knorre and Elton Hinz, were each sentenced to nine months' imprisonment and three strokes of the cane for breaking into SMRT's [[Bishan Depot]] in November 2014 and vandalising a C151 train cabin by spraypainting it.<ref>{{citation|author=Su-Lin Tan|title=Singapore court sentences two German vandals to nine months in prison and caning|url=http://www.smh.com.au/world/singapore-court-sentences-two-german-vandals-to-nine-months-in-prison-and-caning-20150305-13whu5.html|archive-url=https://web.archive.org/web/20160904101602/http://www.smh.com.au/world/singapore-court-sentences-two-german-vandals-to-nine-months-in-prison-and-caning-20150305-13whu5.html|archive-date=4 September 2016|newspaper=[[The Sydney Morning Herald]]|date=6 March 2015}}.</ref>

==See also==
*[[Caning in Singapore]]
*[[Crime in Singapore]]
*[[Criminal law of Singapore]]

==Notes==
{{Reflist|20em}}

==References==
*{{Singapore legislation|title=Children and Young Persons Act|cap=38|ed=2001}} ("CYPA").
*{{Singapore legislation|title=Criminal Procedure Code|cap=new|no=15|year=2010}} ("CPC").
*{{Singapore legislation|title=Penal Code|titlelink=Penal Code (Singapore)|cap=224|ed=2008}} ("PC").
*{{Singapore legislation|title=Vandalism Act|cap=341|ed=1985}} ("VA").
*''Fay Michael Peter v. Public Prosecutor'' [1994] 1 S.L.R.(R.) 1063, [[High Court of Singapore|High Court]] (Singapore).
*{{Singapore Hansard|title=Punishment for Vandalism Bill|date=26 August 1966|volume=25|columns=291–305}}.

==Further reading==

===Articles===
*{{citation|last=Bahrampour|first=Firouzeh|title=The Caning of Michael Fay: Can Singapore's Punishment Withstand the Scrutiny of International Law?|journal=American University Journal of International Law and Policy|year=1994–1995|volume=10|page=1075}}.
*{{citation|last=Hodson|first=Joel|title=A Case for American Studies: The Michael Fay Affair, Singapore–US Relations, and American Studies in Singapore|journal=American Studies International|year=2003|volume=41}}.
*{{citation|last=Hyman|first=Irwin A.|last2=Cavallo|first2=Fernando|last3=Erbacher|first3=Theresa A.|last4=Spanger|first4=Joyce|title=Corporal Punishment in America: Cultural Wars in Politics, Religion and Science|journal=Children's Legal Rights Journal|year=1997|volume=17|page=36}}.
*{{citation|last=Lal|first=Vinay|title=The Flogging of Michael Fay: Culture of Authoritarianism|jstor=4401297|journal=[[Economic and Political Weekly]]|date=4 June 1994|volume=29|issue=23|pages=1386–1388}}.
*{{citation|last=Yao|first=Souchou|chapter=Pain, Words, Violence: The Caning of Michael Fay|title=Singapore: The State and the Culture of Excess|location=Abingdon, Oxford; New York, N.Y.|publisher=[[Routledge]]|year=2007|pages=75–96|isbn=978-0-415-41711-2}}.

===Books and theses===
*{{citation|last=Baratham|first=Gopal|author-link=Gopal Baratham|title=The Caning of Michael Fay|location=Singapore|publisher=KRP Publications|year=1994|isbn=978-981-00-5747-3}}.
*{{citation|last=Braun|first=Felix|title=Cultural Diversity in International Standards for Criminal Sentences &#91;thesis (Master of Laws), McGill University, 2002&#93;|url=http://digitool.library.mcgill.ca/webclient/StreamGate?folder_id=0&dvs=1275981059471~476|location=Ottawa|publisher=[[National Library of Canada]]|year=2004|isbn=978-0-612-79124-4}}.
*{{citation|last=Latif|first=Asad|title=The Flogging of Singapore: The Michael Fay Affair|location=Singapore|publisher=Times Books International|year=1994|isbn=978-981-204-530-0}}.
*{{citation|last=Loke|first=Yuen Fatt|title=Vandals and Vandalism in Singapore [unpublished academic exercise (Bachelor of Social Sciences), National University of Singapore]|location=Singapore|publisher=Department of Sociology, [[Faculty of Arts and Social Sciences of National University of Singapore|Faculty of Arts and Social Sciences]], [[National University of Singapore|University of Singapore]]|year=1977|oclc=32063464}}.

{{Law of Singapore}}

[[Category:1966 in law]]
[[Category:1966 in Singapore]]
[[Category:Singaporean criminal law]]
[[Category:Singaporean legislation]]
[[Category:Vandalism]]

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