We are a group of citizens deeply concerned with the proposed move towards decriminalization of suicide attempts. Among us are attempted suicide survivors, a suicide counsellor, people who have suffered from severe clinical depression, people who have friends and family suffering from several clinical depression, people who have had friends and family committed suicide, people who occasionally struggle with suicidal thoughts, people who frequently struggle with suicidal thoughts. Basically, normal Singaporeans.
We are of the view that section 309 of the Penal Code (“s 309 PC”) should be retained but amended. We submitted our written submissions on 30 September 2018.
Below are the extracts of the reasons for the retention of section 309 of the Penal Code.
1. The true spirit of s 309 PC lies in the communitarian values of compassion and resilience
S 309 PC is the plea of a caring society that is vested in the welfare of the individual. The message that it stands for is that, “we as a society value the life of the individual, so much so that it must be an offence even when it is done by one’s own hand”.
We value every individual for their inherent worth as fellow human beings. This is a recognition of our common humanity - regardless of nationality, race, religion, gender, social economic status or professed sexual orientation.
2. S 309 PC as a legal signpost is effective in deterring suicides
We have heard of at least one account of how someone close to flinging himself from his HDB flat decided against it due to its criminal effect. Even if not prosecuted, the administration of a stern warning sends the message that “society cares about your life”.
In addition, we believe that the investigation process which includes statement recording and therefore “truth-telling” may have a cathartic and healing function which is a manifestation of restorative justice.
3. Not every attempted suicide is caused by a treatable mental disorder
It is suggested that empowering police officers to place suicidal persons under medical care, rather than criminalization is the way to go in dealing with attempted suicides. This is the thinking behind the proposal to strengthen section 7 of MHCTA. This appears to overlook the fact that causes of attempted suicides are more varied than a treatable mental illness. Domestic quarrels, loss of jobs, academic failure, the pangs of adolescence and relationship issues, are fertile ground for suicide attempts. An irreversible act may be committed in the heat of the moment. Against such acts of rashness, s 309 PC is an effective deterrent.
4. S 309 PC is needed for successful intervention of suicide attempts
It is proposed that there be no legal obligation to report suicide attempts. When it is no longer mandatory to call the Police to report suicide attempts, people will stop reporting suicide attempts especially when it is not a crime. It takes moral courage to call the Police. Calling the Police invites the perception that one is a busybody. Calling the Police invites the inconvenience of being a potential witness and investigations. Calling the Police costs money. The legal obligation to alert the authorities effectively overcomes this inertia.
5. S 309 PC needed for this day and age
We have observed that it is the old, vulnerable, poor, sick, disabled, destitute, mentally ill and disabled that will have to grapple with thoughts of giving up on life on a more frequent basis. This is especially so when there is a lack of social support in terms of family, friends and community. The self-perceived notion that they have emerged as “losers” and are “useless”. From the perspective of an attempted suicide survivor, an attempt at suicide is frequently a plea for attention. It is a cry of bewilderment - “Does society care about one less life? If society doesn’t care, then perhaps, there is no reason for me to care either”.
6. There is scope for Prosecution of s 309 PC
There is scope for prosecution under s 309 PC. For instance, in the case of an attempted culpable homicide-attempted murder case. Alternatively, the throwing of oneself down the MRT tracks causing a complete standstill to the MRT system. The public interest in prosecuting such cases is to send a signal that one cannot be extremely selfish and ignore the lives and interest of the public even if there is a desire to die.
7. Utilitarian calculus of a person’s life and legalized assisted euthanasia as a natural consequence
The abolition of s 309 PC will leave a very weak philosophical basis for criminalizing the abetment of suicide. After all, how does one abet a non-offence? In Scotland, the debate has shifted such that it is argued that assisted suicide must be legalized so that the frail would not take their lives even earlier.
8. S 309 PC deters rash acts that endangers the safety of others
As it stands, throwing objects from high rise buildings constitutes an offence of rash act endangering the lives of others under s 336(a) of the Penal Code. Although s 309 PC does not directly target this behaviour, s 309 PC is a deterrent against people flinging themselves from high rise buildings. We have heard of at least one account of how someone had a narrow miss while walking beneath a HDB void deck. The point is that someone who has one less reason to have any regard for his/her life, will have one less reason to have any regard for the lives of others.
9. Suicide as an alternative to facing the death penalty diminishes the retributive effect of death penalty
Singapore retains the death penalty for murder, drug trafficking, kidnapping and other offences. When attempted suicide is legalized, the question is whether someone who has committed a capital crime may be allowed to commit suicide.
There is a school of thought that the State must be seen to take away the life of a criminal convicted of a capital offence. This is because, such a person cannot pick and choose the time and manner of his demise. The family of a murdered victim may not be able to receive the proper closure if justice is not seen to be done. Evidently, the retributive effect of the death penalty would be considerably reduced if attempted suicide would be allowed. The convicted person would not be seen as receiving his or her just deserts.
