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Singapore: Man on death row re-sentenced after Penal Code amendments

An Indian national became the 3rd person on death row for murder to be re-sentenced to life imprisonment - since Parliament passed amendments to the Penal Code in November 2012.

The amendments give judges sentencing discretion in some murder cases.

Previously, the death penalty was mandatory for all murder cases.

37-year-old Gopinathan Nair Remadevi Bijukumar had his case sent back to the High Court by the Court of Appeal in May this year for re-sentencing.

On Wednesday, Justice Choo Han Teck sentenced Gopinathan to life imprisonment and 18 strokes of the cane.

Gopinathan, a former shipyard worker, was found guilty of murdering Filipino prostitute Roselyn Reyes Pascua.

She was found dead in her rented room in Peony Mansion in Bencoolen Street in March 2010.

Gopinathan claimed he had stabbed her after she attacked him and refused to return money he had paid her for sexual services.

Deputy Public Prosecutor Adrian Loo had asked the court to impose 24 strokes of the cane on Gopinathan, citing the amount of violence inflicted, and the extensive injuries suffered by Ms Pascua.

He pointed out that Gopinathan had knifed her in various parts of her body.

Mr Loo added that there was also absence of any evidence that Gopinathan was suffering from any abnormality of the mind.

But Gopinathan's lawyers, Shashi Nathan, Raphael Louis, and Tania Chin, asked for between 12 and 15 strokes of the cane.

They said that there was no planning or pre-meditation involved in this instance, and also pointed out that there was an element of provocation.

Gopinathan, who appeared expressionless throughout the hearing, exchanged a few words with his lawyers before being led away.

The amended Penal Code and Misuse of Drugs Act came into effect this year - removing the mandatory death penalty for certain types of homicide and drug trafficking offences in a move to "temper justice with mercy".

Source: Channelnewsasia, August 28, 2013

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