TW: /suicide/

A thread to explain why attempted suicide is criminalised in Brunei & also an explanation of yesterday’s sentence (5th Sept);
(1/n)

Firstly, Brunei is not the only country where attempted suicide is a criminal offence. This can be dated back to the late 19th century in Great Britain. (2/n)

Most laws in Brunei tend to be similar to the laws of neighbouring countries and English common law. Until recently, attempted suicide was also criminalised in Singapore. However, it was just decriminalised at the start of 2020. It is still a criminal offence in Malaysia. (3/n)

Even though, attempted suicide is a criminal offence, the courts tend not to charge people under that section. Brunei has been recently taking action to reduce the social stigma against suicide and depression. In 2018, the National Mental Health Helpline was created. (4/n)

From what I am able to find online, there has not been any case in Brunei (that I am aware of) whereby a person has been charged for attempted suicide. (5/n)

However, if the courts decide to charge them under section 309 for attempted suicide, the defendant’s legal council is able to try to get the person admitted into treatment instead. (6/n)

If a person can be professionally diagnosed to be mentally unstable or ill and in need of dire help, the courts can decide to send them to rehab. (7/n)

Attempted suicide is a crime because sometimes it may be politically or socially motivated. That is a threat to national security and to the general public’s safety. It may cause other people to buy into their political or social agenda e.g. terrorism. (8/n)

Attempted suicide due to poor mental health is obviously far from being ‘politically or socially motivated’. The government recognises this and does not tend to punish people for it. However, they may decide to fine individuals under another section as a ‘deterrent’. (9/n)

An example of another section is section 268 for public nuisance. Unfortunately, this was what happened on the 5th of September, 2020. (10/n)

Whether or not attempted suicide is considered public nuisance has been in debate for some years now. Here is a scenario and the relevant law for the United Kingdom: (11/n)

Note that, due to the fact Brunei uses English common law, the law on ‘public nuisance’ is the same.

No country’s criminal justice system is perfect. We do not strive for perfection. However, we do strive for justice and protection. If let’s say, this person was sent to rehab instead of being fined. Other people may try to do the same in order to get treatment. (12/n)

This is particularly true for those individuals in households that do not believe in mental illness and/or individuals who do not have access to rehab or counsellors. If we have more people going onto the bridge, it will significantly increase the danger of motorists. (13/n)

This is where education comes in. We do not need people to feel like the only way to get treatment is to attempt suicide and get the attention of authorities this way. What we need is to stop stigmatising mental illness in our communities. (14/n)

Personally, I believe that our court could have done more for the defendant yesterday. They could have required him to seek counselling + a nominal fine (if they really wished to make a deterring statement to the public). BND$1.5k is too much money for anyone. (15/n)

Teach people to be more kind and understanding. You do not know that is going on behind closed doors.

End of thread.