In the recent case of Ismail bin Jamaludin v Public Prosecutor [2025] SGHC 130, the High Court of Singapore considered the appropriate circumstances under which the maximum sentencing discount for a guilty plea should be granted.
In an appeal against the sentence imposed on him, the offender had argued that the District Judge had erred in applying only a 20% discount under Stage 2 of the Guidelines instead of a 30% discount under Stage 1, given that the delay in indicating his intention to plead guilty was due to circumstances beyond his control.
What are the Guidelines?
Effective from 1 October 2023, the Sentencing Advisory Panel has published a set of Guidelines on the Reduction in Sentences for Guilty Pleas.
The Guidelines set out sentence reductions based on when an accused pleads guilty, with earlier pleas attracting greater benefits and a larger reduction, especially if made at the earliest stage.
- Stage 1: Up to 30% reduction in sentence applies if an accused indicates an intention to plead guilty within 12 weeks after the first mention
- Stage 2: Up to 20% reduction applies if an accused indicates an intention to plead guilty after that 12-week window but before the start of the 1st Criminal Case Disclosure Conference (criminal case disclosure cases)/before Court first fixes trial dates (non-criminal case disclosure cases)
- Stage 3: Up to 10% reduction applies if an accused indicates an intention to plead guilty before the 1st day of trial
- Stage 4: Up to 5% reduction applies if an accused indicates an intention to plead guilty on or after 1st day of trial
The Guidelines on Reduction in Sentences for Guilty Pleas apply strictly to imprisonment terms and they do not cover non custodial sentences such as fines, probation, or caning.
Furthermore, the Guidelines are typically not applied when the indicative sentence in case law is based on the assumption that the offender has already pleaded guilty, as doing so would effectively “double count” the discount.
Appellant’s Position
Based on the Guidelines, a 30% reduction applies if the offender indicates an intention to plead guilty within 12 weeks of the Prosecution informing the court that it is ready for the plea (Stage 1).
In this case, the offender indicated his guilty plea about two months after Stage 1, but he argued that the District Judge had failed to take into account that he was awaiting the outcome of his CLAS application during Stage 1, and it was the delay in obtaining legal advice caused him to cross into Stage 2. He referenced Scenario 3 at Paragraph 11 of the Guidelines which states:
The accused person makes an application for criminal legal aid, early during Stage 1. The criminal legal aid lawyer is only assigned during Stage 2. The accused pleads guilty during Stage 2, shortly after the criminal legal aid lawyer has been assigned. The court may apply the maximum reduction in sentence of up to 30%.
Court’s Decision
In dismissing the appeal, the Court agreed that Scenario 3 was relevant but did not accept that this automatically entitled the offender to a 30% discount.
The Court highlighted that Scenario 3 states that the Court “may” apply the maximum reduction, meaning there are cases where the full 30% discount is not appropriate, even if the offender promptly applied for legal aid.
This aligns with the Guidelines’ overall purpose, which is not binding on the Court and leaves the final discount decision to the sentencing judge’s discretion.
The Court also noted that Paragraph 9 of the Guidelines states
If the accused person wishes to seek legal advice on whether or not to plead guilty, he should do so during Stage 1
In essence, the 12 weeks in Stage 1 give the offender with enough time to decide whether they wish to plead guilty. Scenario 3 covers the situation when getting legal advice takes longer, allowing the court to still give the full sentence reduction even if the plea is made later in Stage 2.
That said, the present case did not fit Scenario 3. The offender initially pleaded “Not Guilty” at first mention and requested legal aid, evidencing a clear intention initially to contest the charges. This was not a situation where the offender was deciding whether or not to plead guilty and his decision was delayed due to a delay in obtaining legal advice.
The Court also noted Paragraph 11 of the Guidelines and highlighted that the offender never indicated an intention to plead guilty during the 12-week period.
The maximum reduction in sentence of 30% in Stage 1 will apply as long as the accused person indicates during Stage 1 that he intends to plead guilty, without the need for the guilty plea to be taken during Stage 1.
Lastly, the Court reiterated that even if Scenario 3 applies, it is discretionary and does not automatically guarantee the offender the full 30% discount.
