The conundrum came about when The Online Citizen's chief editor chose to serve three weeks' jail while waiting for an appeal that successfully replaced the sentence with a fine.
Apex court resolves issue in Terry Xu 's defamation case, where a jail term served became a fine on appealApex court resolves issue in Terry Xu 's defamation case, where a jail term served became a fine on appeal
In a written judgment, Chief Justice Sundaresh Menon, Justice Tay Yong Kwang and Senior Judge Andrew Phang said the three weeks' jail originally served cannot satisfy the two weeks' jail in default of the S$8,000 fine that was imposed on appeal. Mr Xu chose to serve his jail term and lodge an appeal, but not apply for a stay of his sentence while the appeal was pending.and the jail term changed to a fine of S$8,000 or two weeks' jail if he did not pay the fine.The prosecution then applied to refer a question of law of public interest to the Court of Appeal.
Delivering the judgment of the court, Justice Tay said the answer to the prosecution's question was no. Mr Xu's lawyer emphasised that he was not contending that Mr Xu was unable to pay the fine. Instead, he was highlighting that Mr Xu had already been punished after serving the original jail term.
Crime Law Terry Xu The Online Citizen
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