Detention During the President's Pleasure: A Foregone Sentence for a Young Person Convicted of Murder?

Set against the case of PP v. Anthony Ler Wee Teang [2001] SGHC 361, this article relies on provisions of the Children and Young Persons Act (Cap 38, 2001 Rev Ed), viz, the guiding principle of welfare in s 28(1) and the sentencing discretion that s 38(1) affords, to defend the view that detention during the President's pleasure is not and should not be a foregone sentence for young persons convicted of murder. However, relying on the Children and Young Persons Act, thus, is only a temporary stopgap measure in lieu of legislative reform. Ultimately, the sentencing provisions governing young persons convicted of murder should be clarified so that it is put beyond doubt that discretion as to whether or not to impose the sentence of detention during the President's pleasure exists for courts sentencing such young persons.