Toa Payoh vandalism case: Teen given second chance at probation

SINGAPORE — Coupled with how he had offended while under probation for an earlier, unrelated offence, the facts in the present case warranted Boaz Koh Wen Jie receiving the heaviest sentence among his accomplices.

Instead, the last of the teens behind the high-profile vandalism case at the rooftop of a Toa Payoh HDB block last year to be sentenced got a second shot at probation yesterday after the judge recognised that the 18-year-old had made “significant changes in his lifestyle” after his release from custody in May last year.

Prosecutors had called for the more severe punishment of reformative training, but District Judge Lim Keng Yeow said Koh had shown a “clear and sustained turnaround” over the past year, including committing himself to regular counselling and residential rehabilitation at a rehabilitation home. He is reported to have made good and stable progress over the last three months.

Terming it an “exceptional” case, the judge ordered Koh to serve 30 months’ probation, perform 240 hours of community service and undergo 21 months of residential supervision at The Hiding Place.

“The offender should be acutely aware that a second chance at probation now given to him is one which in most other cases will not be considered,” said District Judge Lim.

But he made clear that the teen’s reforms hitherto would count for nought if he is found to have “staged (changes) purely for impression management”.

Tougher consequences can still be meted out later on, he said, adding that the court’s consideration for reformed behaviour at the pre-sentencing stage in this case may also motivate young offenders to make a sincere effort towards turning over a new leaf early on.

Koh and four others were first arrested in May last year on multiple charges for vandalising the rooftop of Block 85A, Lorong 4 Toa Payoh, stealing four cans of spray paint, and criminal trespass. They scrawled profanities and insulted the People’s Action Party and the police in that incident. He was convicted in January. Koh’s accomplices were earlier sentenced to between 15 and 24 months’ probation.

Deputy Public Prosecutor Tang Shangjun said Koh was the most culpable among the five. First, he acted as a lookout to ensure that all lights in the surrounding units were switched off. He was also the one who sprayed over the graffiti a second time as he “wanted to make the text bolder”.

But the judge ruled that having regard to all of the facts, “a stringent and exacting probation order best balances all the considerations”.

He added that Koh’s term of probation is longer than most terms ordered by the courts, and his “freedom will be severely curbed” as he will be placed on a long period of residential supervision and electronic monitoring scheme for four months. Koh will also have to return to court after four months for a progress review before the judge.

The prosecution will be appealing against the decision.

Lawyers TODAY interviewed supported the judge’s decision. Criminal lawyer Josephus Tan said: “Something good must have happened that the probation officer thought (Koh) was capable of redemption and that it was a temporary lapse.” Mr Sunil Sudheesan added: “In fact, probation is not a soft option because some of the conditions are strict. It ensures the offender will not reoffend.”

The maximum penalty for vandalism is a S$2,000 fine or three years’ jail. Offenders may also face up to eight strokes of the cane. Those caught trespassing may face up to three months in jail, a maximum fine of S$1,500 or both. Those convicted of theft may be jailed up to three years, fined or both.