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The Criminal Procedure Code 2010
(2011) 23 SAcLJ Modernising the Criminal Justice Framework 23 MODERNISING THE CRIMINAL JUSTICE FRAMEWORK The Criminal Procedure Code 2010 The concept of “balancing” prevalent in criminal justice discourse is premised on a paradigm where “state” and “individual” interests are perpetually in conflict. This article outlines the key components of the new Criminal Procedure Code 2010 and discusses another dimension of the state- individual relationship. Rather than being inherently incompatible, synergistic common goals can, on occasion, be pursued between the State and an accused. The article will also consider areas in the Criminal Procedure Code 2010 where conflicts between “state” and “individual” interests have in fact arisen, and will outline the pragmatic approach that has been adopted towards their resolution. Melanie CHNG* LLB (Hons) (National University of Singapore), LLM (Harvard); Advocate & Solicitor (Singapore); Assistant Director, Ministry of Law. The criminal process is at the heart of the criminal justice system. It is not only a subject of great practical importance; it is also a reflection of our ideals and values as to the way in which we can accord justice to both the guilty and to the innocent.[1] I. Introduction 1 The recent legislative amendments to Singapore’s Criminal Procedure Code (“CPC”) signify a new chapter in the continuing evolution of Singapore’s criminal justice process. The new Criminal Procedure Code 2010 (“New CPC”),2 which came into force on * The opinions expressed in this article are those of its author and are not representative of the official position or policies of the Singapore government. The author is grateful to Mr Amarjeet Singh SC, Ms Jennifer Marie SC, Mr Bala Reddy, Professor Michael Hor, Mr Subhas Anandan, Ms Valerie Thean and Mr Desmond Lee for their invaluable comments on an earlier draft of this article. -
4 Comparative Law and Constitutional Interpretation in Singapore: Insights from Constitutional Theory 114 ARUN K THIRUVENGADAM
Evolution of a Revolution Between 1965 and 2005, changes to Singapore’s Constitution were so tremendous as to amount to a revolution. These developments are comprehensively discussed and critically examined for the first time in this edited volume. With its momentous secession from the Federation of Malaysia in 1965, Singapore had the perfect opportunity to craft a popularly-endorsed constitution. Instead, it retained the 1958 State Constitution and augmented it with provisions from the Malaysian Federal Constitution. The decision in favour of stability and gradual change belied the revolutionary changes to Singapore’s Constitution over the next 40 years, transforming its erstwhile Westminster-style constitution into something quite unique. The Government’s overriding concern with ensuring stability, public order, Asian values and communitarian politics, are not without their setbacks or critics. This collection strives to enrich our understanding of the historical antecedents of the current Constitution and offers a timely retrospective assessment of how history, politics and economics have shaped the Constitution. It is the first collaborative effort by a group of Singapore constitutional law scholars and will be of interest to students and academics from a range of disciplines, including comparative constitutional law, political science, government and Asian studies. Dr Li-ann Thio is Professor of Law at the National University of Singapore where she teaches public international law, constitutional law and human rights law. She is a Nominated Member of Parliament (11th Session). Dr Kevin YL Tan is Director of Equilibrium Consulting Pte Ltd and Adjunct Professor at the Faculty of Law, National University of Singapore where he teaches public law and media law. -
Public Prosecutor V Tan Kheng Chun
Public Prosecutor v Tan Kheng Chun Ray [2011] SGHC 183 Case Number : Criminal Case No 6 of 2011 Decision Date : 04 August 2011 Tribunal/Court : High Court Coram : Kan Ting Chiu J Counsel Name(s) : Gordon Oh and Peggy Pao (Attorney-General's Chambers) for the Prosecution; Subhas Anandan and Sunil Sudheesan (KhattarWong) for the accused. Parties : Public Prosecutor — Tan Kheng Chun Ray Criminal Law [LawNet Editorial Note: The appeal to this decision in Criminal Appeal No 3 of 2011 was allowed by the Court of Appeal on 28 November 2011. See [2012] SGCA 10.] 4 August 2011 Kan Ting Chiu J: 1 The accused, Ray Tan Kheng Chun pleaded guilty to seven charges [note: 1] for drug offences under the Misuse of Drugs Act (Cap 185 2008 Rev Ed). 2 The seven offences are: Charge 1 Importing not less than 14.99 grams of diamorphine. Charge 2 Importing not less than 1.12 grams of methamphetamine. Charge 3 Consumption of methamphetamine. Charge 4 Possession of utensils intended for the consumption of a controlled drug. Charge 5 Possession of another lot of utensils intended for the consumption of a controlled drug. Charge 6 Possession of utensils intended for the consumption of a controlled drug. Charge 7 Possession of three tablets of nimetazepam. The offences in Charges 1 to 5 took place on 10 October 2009. The offences in Charges 1, 2, 4 and 5 took place at the Woodlands Checkpoint, and the drug consumption offence in Charge 3, took place in Malaysia. The offences in Charges 6 and 7 took place on 11 October 2009 at the accused’s residence at No 1 Queensway, #08-63, Queensway Tower, Singapore. -
Doing Without Complicity
Doing without complicity Article (Published Version) Sullivan, G R (2012) Doing without complicity. Journal of Commonwealth Criminal Law (2). pp. 199-231. ISSN 2047-0452 This version is available from Sussex Research Online: http://sro.sussex.ac.uk/id/eprint/46737/ This document is made available in accordance with publisher policies and may differ from the published version or from the version of record. If you wish to cite this item you are advised to consult the publisher’s version. Please see the URL above for details on accessing the published version. Copyright and reuse: Sussex Research Online is a digital repository of the research output of the University. Copyright and all moral rights to the version of the paper presented here belong to the individual author(s) and/or other copyright owners. To the extent reasonable and practicable, the material made available in SRO has been checked for eligibility before being made available. Copies of full text items generally can be reproduced, displayed or performed and given to third parties in any format or medium for personal research or study, educational, or not-for-profit purposes without prior permission or charge, provided that the authors, title and full bibliographic details are credited, a hyperlink and/or URL is given for the original metadata page and the content is not changed in any way. http://sro.sussex.ac.uk JOURNAL OF COMMONWEALTH CRIMINAL LAW EDITOR JAMES RICHARDSON Q.C., LL.B., LL.M., DIP. CRIM. of Gray’s Inn, and the Inner Temple, Barrister EDITORIAL BOARD ANDREW ASHWORTH C.B.E., Q.C., D.C.L., F.B.A. -
Public Prosecutor V Lim Ah Seng [2007]
Public Prosecutor v Lim Ah Seng [2007] SGHC 40 Case Number : CC 18/2006 Decision Date : 26 March 2007 Tribunal/Court : High Court Coram : Sundaresh Menon JC Counsel Name(s) : Edwin San and Jason Chan (Deputy Public Prosecutors) for the Attorney- General's Chambers; Subhas Anandan and Sunil Sudheesan (Harry Elias Partnership) for the accused Parties : Public Prosecutor — Lim Ah Seng Criminal Procedure and Sentencing – Sentencing – Principles – Accused strangling wife during fight – Accused victim of repeated physical and psychological abuse from wife – Accused pleading guilty to culpable homicide not amounting to murder – Accused suffering from post-traumatic stress syndrome – Appropriate sentence – Section 304(b) Penal Code (Cap 224, 1985 Rev Ed) 26 March 2007 Judgment reserved Sundaresh Menon JC: 1 Every killing is utterly tragic; but this does not mean that every killer is to be punished in the same way. The law recognises this and it is reflected in the various defences available to a murder charge and in the highly differentiated scheme of sentencing prescribed for a range of offences from a mandatory death penalty for intentional killing to a maximum term of imprisonment of two years for causing death by rash or negligent acts. In the context of culpable homicide not amounting to murder, the circumstances of each killing may be so varied that any attempt to prescribe the precise sentence in vacuo would be futile. Even with a growing body of case law that provides much useful guidance, sentencing calls for the sound exercise of judicial discretion, taking into account the specific factual complexion of each case, including the ambient circumstances of the offence and the offender. -
Official Publication of the Law Society of Singapore | August 2016
Official Publication of The Law Society of Singapore | August 2016 Thio Shen Yi, Senior Counsel President The Law Society of Singapore A RoadMAP for Your Journey The 2016 Mass Call to the Bar will be held this month on 26 Modern psychology tells us employees are not motivated and 27 August over three sessions in the Supreme Court. by their compensation – that’s just a hygiene factor. Pay Over 520 practice trainees will be admitted to the roll of mustn’t be an issue in that it must be fair, and if there is a Advocates & Solicitors. differential with their peers, then ceteris paribus, it cannot be too significant. Along with the Chief Justice, the President of the Law Society has the opportunity to address the new cohort. I Instead, enduring motivation is thought to be driven by three had the privilege of being able to do so last year in 2015, elements, mastery, autonomy, and purpose. There’s some and will enjoy that same privilege this year. truth in this, even more so in the practice of law, where we are first and foremost, members of an honourable The occasion of speaking to new young lawyers always profession. gives me pause for thought. What can I say that will genuinely add value to their professional lives? Making Mastery: The challenge and opportunity to acquire true motherhood statements is as easy as it is pointless. They expertise. There is a real satisfaction in being, and becoming, are soon forgotten, even ignored, assuming that they are really good at something. Leading a cross-border deal heard in the first place. -
9789814677813
SUBHA THE BEST I COULDFor Review onlyNATIONAL BESTSELLER Subhas Anandan (1947–2015) was undoubtedly Singapore’s best-known S criminal lawyer. From taking on Singapore’s most infamous cases, such as those A of Anthony Ler, Took Leng How and Ah Long San, to espousing his views on NANDAN the mandatory death sentence and police entrapment, Subhas Anandan became the face of criminal defence in Singapore. But why did he choose to represent clients who were to all intents and purposes guilty? And were the criminals he represented the monsters they were made out to be? Part (auto) biography and part log of Singapore’s criminal history, The Best I Could is a candid, at times brutally honest rendition of the boy, the man, the lawyer and the mentor who would ultimately become the voice of Singapore’s underdogs and unwanted. The THE BES book is a journey through dusty jail cells, dramatic courtrooms and the minds of some of the most high-profile criminals to date. At the end of a sometimes emotional ride, underneath his signature public scowl is a heart that is truly made of gold. We are privileged to have him as a colleague and a mentor to our younger colleagues. “Even the most heinous — Tan Chong Huat, Managing Partner, KhattarWong (2009) offender deserves The Best I Could provides a good insight into the criminal mind. Subhas narrates some a proper trial.” of the island’s most heinous crimes and the criminals behind them. Some of the characters are as fascinating as the author himself, and Subhas shows there is some good in the worst of them. -
2020-Sghc-255-Pdf.Pdf
IN THE COURT OF THREE JUDGES OF THE REPUBLIC OF SINGAPORE [2020] SGHC 255 Court of Three Judges/Originating Summons No 2 of 2020 In the matter of Sections 94(1) and 98(1) of the Legal Profession Act (Cap 161, 2009 Rev Ed) And In the matter of Lee Suet Fern (Lim Suet Fern), an Advocate and Solicitor of the Supreme Court of the Republic of Singapore Between Law Society of Singapore … Applicant And Lee Suet Fern (Lim Suet Fern) … Respondent JUDGMENT [Legal Profession] [Solicitor-client relationship] [Legal Profession] [Professional conduct] — [Breach] This judgment is subject to final editorial corrections approved by the court and/or redaction pursuant to the publisher’s duty in compliance with the law, for publication in LawNet and/or the Singapore Law Reports. Law Society of Singapore v Lee Suet Fern (alias Lim Suet Fern) [2020] SGHC 255 Court of Three Judges — Originating Summons No 2 of 2020 Sundaresh Menon CJ, Judith Prakash JA and Woo Bih Li J 13 August 2020 20 November 2020 Judgment reserved. Sundaresh Menon CJ (delivering the judgment of the court): Introduction 1 This is an application by the Law Society of Singapore (“the Law Society”) for an order pursuant to s 98(1)(a) of the Legal Profession Act (Cap 161, 2009 Rev Ed) (“the LPA”) that the respondent, Mrs Lee Suet Fern (alias Lim Suet Fern) (“the Respondent”), be subject to the sanctions provided for under s 83(1) of that Act. At the time of the proceedings before the disciplinary tribunal (“the DT”), the Respondent was an advocate and solicitor of the Supreme Court of Singapore of 37 years’ standing and practised as a director of Morgan Lewis Stamford LLC, a law corporation. -
ENHANCING “ACCESS to JUSTICE” a Very Good Morning Prof Simon
KEYNOTE ADDRESS OF THE ATTORNEY-GENERAL AT THE CRIMINAL JUSTICE CONFERENCE 2013 NATIONAL UNIVERSITY OF SINGAPORE (17 MAY 2013) ENHANCING “ACCESS TO JUSTICE” A very good morning Prof Simon Chesterman, Dean, NUS Faculty of Law Students, Friends, Ladies & Gentlemen Introduction 1. I am delighted to be here this morning to deliver the keynote address for the second Criminal Justice Conference. A Conference such as this is of particular significance as it serves as a vital platform to discuss some of the more pressing issues pertaining to the criminal justice process and the values that underpin it. Such discussions are both essential and important because, in many ways, the principles and ideals that underpin our criminal justice system also form the foundational ethical building blocks of our society. I accept the reality that each of our individual points of view are informed by our respective perspectives and experiences, and much like any debate informed by a multitude of equally well-reasoned and legitimate views, there is unlikely to be unanimity on the direction the law should be headed, or whether the ideas propounded by the various speakers in this Conference ought to inform the shape of the criminal justice system in the years to come. 2. Be that as it may, I am positive that most would agree with the basic proposition that we must all aim to further the goal of providing “access to justice”. Indeed, the intuitively unobjectionable nature of the proposition is not lost on the Conference organizers this year, who have dedicated the entire first day’s proceedings to this very topic. -
[2018] SGHC 112 Originating Summons No 272 of 2015 in The
IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE [2018] SGHC 112 Originating Summons No 272 of 2015 In the matter of Section 18 of the Supreme Court of Judicature Act (Cap 322) And In the matter of Section 33B of the Misuse of Drugs Act (Cap 185) And In the matter of Order 53, Rule 1 of the Rules of Court (Cap 322, R 5) And In the matter of Articles 9(1) and 12(1) of the Constitution of the Republic of Singapore And In the matter of Criminal Case No 23 of 2010 between the Public Prosecutor and Nagaenthran a/l K Dharmalingam Between NAGAENTHRAN A/L K DHARMALINGAM … Applicant And ATTORNEY-GENERAL … Respondent JUDGMENT [Administrative Law] — [Judicial review] — [Ambit] — [Ouster of review jurisdiction] — [Section 33B(4) Misuse of Drugs Act (Cap 185, 2008 Rev Ed)] [Administrative Law] — [Judicial review] — [Application for leave to commence judicial review proceedings] — [Public Prosecutor’s discretion to certify that person had substantively assisted Central Narcotics Bureau in disrupting drug trafficking activities within or outside Singapore] [Constitutional Law] — [Judicial power] TABLE OF CONTENTS INTRODUCTION............................................................................................1 BACKGROUND ..............................................................................................4 FACTS RELATING TO THE OFFENCE ..................................................................4 PROCEDURAL HISTORY....................................................................................5 THE PARTIES’ SUBMISSIONS .................................................................13 -
Daniel Vijay S/O Katherasan and Others V Public Prosecutor
Daniel Vijay s/o Katherasan and others v Public Prosecutor [2010] SGCA 33 Case Number : Criminal Appeal No 1 of 2008 Decision Date : 03 September 2010 Tribunal/Court : Court of Appeal Coram : Chan Sek Keong CJ; V K Rajah JA; Choo Han Teck J Counsel Name(s) : James Bahadur Masih (James Masih & Co) and Amarick Singh Gill (Amarick Gill & Co) for the first appellant; Subhas Anandan and Sunil Sudheesan (KhattarWong) for the second appellant; Mohamed Muzammil bin Mohamed (Muzammil & Co) and Allagarsamy s/o Palaniyappan (Allagarsamy & Co) for the third appellant; S Jennifer Marie, David Khoo, Ng Yong Kiat Francis and Ong Luan Tze (Attorney- General's Chambers) for the respondent. Parties : Daniel Vijay s/o Katherasan and others — Public Prosecutor Criminal Law Criminal Procedure and Sentencing [LawNet Editorial Note: This was an appeal from the decision of the High Court in [2008] SGHC 120.] 3 September 2010 Judgment reserved. Chan Sek Keong CJ (delivering the judgment of the court): Introduction 1 This is an appeal by the first appellant, Daniel Vijay s/o Katherasan (“Daniel”), and the second appellant, Christopher Samson s/o Anpalagan (“Christopher”), against the decision of the trial judge (“the Judge”) convicting them of murder in Criminal Case No 16 of 2007 (see Public Prosecutor v Daniel Vijay s/o Katherasan and others [2008] SGHC 120 (“the GD”)). The third appellant, Nakamuthu Balakrishnan (alias Bala) (“Bala”), originally appealed as well against his conviction for murder, but subsequently decided not to proceed with his appeal (see [46]–[47] below). For convenience, we shall hereafter refer to the three appellants collectively as “the Appellants”. -
Pathip Selvan S/O Sugumaran V Public Prosecutor
Pathip Selvan s/o Sugumaran v Public Prosecutor [2012] SGCA 44 Case Number : Criminal Appeal No 24 of 2010 Decision Date : 15 August 2012 Tribunal/Court : Court of Appeal Coram : Chan Sek Keong CJ; Andrew Phang Boon Leong JA; V K Rajah JA Counsel Name(s) : Subhas Anandan and Sunil Sudheesan (KhattarWong LLP) for the appellant; David Khoo and Dennis Tan (Attorney-General's Chambers) for the respondent. Parties : Pathip Selvan s/o Sugumaran — Public Prosecutor Criminal Law [LawNet Editorial Note: The decision from which this appeal arose is reported at [2011] 2 SLR 329.] 15 August 2012 V K Rajah JA (delivering the judgment of the court): Introduction 1 This is a tragic case of a young couple who had a bittersweet relationship that culminated in a homicide. The appellant, Pathip Selvan s/o Sugumaran (“the accused”), caused the death of Jeevitha d/o Panippan (“the deceased”) on 7 July 2008 by stabbing her repeatedly all over her body. The multiple injuries caused were sufficient in the ordinary course of nature to cause death. He now appeals against the decision of the trial judge (“the Judge”), who found him guilty of murder. The Judge rejected all the accused’s defences, found that he had committed an offence under s 300(c) of the Penal Code (Cap 224, 2008 Rev Ed) (“Penal Code”) and imposed the mandatory death penalty. Background The parties 2 The accused was 22 years old at the time of the offence. He has three siblings; an older brother, a younger brother and a younger sister. His parents were divorced when he was only five years old.