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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. -
Overseas Union Insurance Ltd V Home and Overseas Insurance Co
Overseas Union Insurance Ltd v Home and Overseas Insurance Co Ltd and another application [2002] SGHC 83 Case Number : DC Suit 51197/1999, RA 600004/2002, OM 600011/2002 Decision Date : 23 April 2002 Tribunal/Court : High Court Coram : Tay Yong Kwang JC Counsel Name(s) : Liew Teck Huat (Niru & Co) for the plaintiffs/respondents; P Jeya Putra (Joseph Tan Jude Benny) for the defendants/applicants Parties : Overseas Union Insurance Ltd — Home and Overseas Insurance Co Ltd Civil Procedure – Appeals – Leave – Plaintiffs seeking to appeal to High Court against district judge's decision relating to costs – District judge ruling leave to appeal necessary and refusing leave – Appeal by plaintiffs to High Court against district judge's ruling with alternative application for leave to appeal – Defendants applying to strike out appeal – Whether mode should be appeal or application for leave – Whether application for leave out of time – Whether leave to appeal necessary – Whether leave to appeal should be granted – s 21 Supreme Court of Judicature Act (Cap 322, 1999 Ed) – s 50 Interpretation Act (Cap 1, 1999 Ed) – O 2 r 1, O 3 r 2(5) & O 55C r 2 Rules of Court Words and Phrases – 'Amount in dispute' – s 21 Supreme Court of Judicature Act (Cap 322, 1999 Ed) Between OVERSEAS UNION INSURANCE LIMITED (REG NO. 195600074R) ... Plaintiffs And HOME & OVERSEAS INSURANCE COMPANY LIMITED (REG NO. 513813) ... Defendants ORIGINATING MOTION NO. 600011 OF 2002 In the matter of Section 2(1) of the Supreme Court of Judicature Act (Cap 322) and Order 55C Rule 2 of the Rules of Court (Cap 322) And In the matter of DC Suit No. -
LIFE and DEATH a Decade of Biomedical Law Making 2000–2010
850 Singapore Academy of Law Journal (2010) 22 SAcLJ LIFE AND DEATH A Decade of Biomedical Law Making 2000–2010 This article seeks to provide a survey and broad analysis of the law-making activities of the Singapore legislature in the context of global and national trends in biomedical and healthcare developments from 2000 to 2010 in the following areas: (a) regulation of complementary and alternative medicine; (b) epidemiology, infectious diseases and public health; (c) ethical issues in human organ transplantation; (d) mental capacity, mental health and competence issues; (e) regulation of medical and healthcare professionals; and (f) governance for biomedical research and biosafety. Charles LIM Aeng Cheng* BA (Hons) (Cambridge), MA (Cambridge); Barrister (Middle Temple), FSIArb. I. Introduction 1 In December 2000, the Singapore Bioethics Advisory Committee was established. The ensuing decade, 2000–2010, has witnessed an active Singapore legislature in the area of healthcare and biomedical issues. This article seeks to survey and discuss these legislative changes in the following broad areas: (a) regulation of complementary and alternative medicine; (b) epidemiology, infectious diseases and public health; (c) ethical issues in human organ transplantation; (d) mental capacity, mental health and competence issues; (e) regulation of medical and healthcare professionals; and (f) governance for biomedical research and biosafety. 2 Having regard to the sheer breadth and volume of the legislation generated in the past decade, this article can neither be * The author is currently the Parliamentary Counsel, Attorney-General’s Chambers and a member of the national Bioethics Advisory Committee as well as the National Medical Ethics Committee. This article is written in the author’s personal capacity and does not reflect the official views of the Attorney-General’s Chambers or the Government of Singapore or the Committees. -
Criminal Law
Part A Bar Examinations 2015 Criminal Law Subject Coordinator: Dr S. Chandra Mohan School of Law, Singapore Management University Singapore Institute of Legal Education Part A Bar Examinations 2015 SINGAPORE INSTITUTE OF LEGAL EDUCATION Part A Bar Examinations 2015 Criminal Law (Version: 14 May 2015) INTRODUCTION The Part A Bar Examination in Criminal Law is designed to test whether overseas law graduates have obtained sufficient knowledge of the fundamental principles of criminal law in Singapore and understand how these are applied within Singapore’s criminal justice system. It is important that students keep in mind the relevant local legislative provisions and the court decisions that have interpreted these provisions (see the detailed Reading List). Singapore’s criminal law is codified and is principally contained in the Penal Code which was enacted in 1870. It is based on the Indian Penal Code and its provisions are not always similar to the English Criminal Law which its drafter, Lord Macaulay, sought to improve. Two core values of such a written Code that students must bear in mind are accessibility of the penal provisions and comprehensibility so that the layman can obtain and understand the law better. The use of ‘explanations’ and ‘illustrations’ in the sections, which give examples of the application of the provisions, are unique to the Penal Code. As the Penal Codes of India and Malaysia are similar to our Code, cases from these jurisdictions are of persuasive value in interpreting identical provisions. There are other statutes which provide for specific offences such as the Misuse of Drugs Act and the Prevention of Corruption Act. -
The Insanity Defence in the Criminal Laws of the Commonwealth of Nations
Singapore Journal of Legal Studies [2008] 241–263 THE INSANITY DEFENCE IN THE CRIMINAL LAWS OF THE COMMONWEALTH OF NATIONS Stanley Yeo∗ This article compares the M’Naghten Rules and some of the principal variations found in the Com- monwealth of Nations for the purpose of formulating the best possible provision on the defence of insanity. The discussion is enhanced by evaluations of the concept of diminished responsibility operating in the Commonwealth, and of the provision on insanity in the Statute of the International Criminal Court. I. Introduction The M’Naghten Rules propounded in 1843 by the judges of the Queen’s Bench in England1 have served as the template for the defence of insanity in the criminal law throughout much of the Commonwealth of Nations (hereinafter described as “the Commonwealth”). As might be expected, variations to the Rules have been developed either through the courts or legislatures as a result of disagreement or dissatisfaction over some feature or other of the Rules. Lately, the advancement of scientific knowledge of mental functioning has created new variations. Yet, in spite of these alternative formulations, the M’Naghten Rules continue to form part of English law and some other Commonwealth jurisdictions such as Sierra Leone and the Australian state of New South Wales.2 Is retention of the Rules defensible in the light of these variations or are there aspects which warrant revision? This article seeks to answer this question through a comparative study of the M’Naghten Rules and some of the principal variations found in the criminal laws3 of member states of the Commonwealth.4 ∗ Professor of Law, National University of Singapore. -
Steep Rise Ltd V Attorney-General
Steep Rise Ltd v Attorney-General [2020] SGCA 20 Case Number : Civil Appeal No 30 of 2019 Decision Date : 24 March 2020 Tribunal/Court : Court of Appeal Coram : Tay Yong Kwang JA; Steven Chong JA; Woo Bih Li J Counsel Name(s) : Chan Tai-Hui, Jason SC, Tan Kai Liang, Daniel Seow Wei Jin, Victor Leong Hoi Seng and Lim Min Li Amanda (Allen & Gledhill LLP) for the appellant; Kristy Tan, Kenneth Wong, Ng Kexian and Tan Ee Kuan (Attorney-General's Chambers) for the respondent. Parties : Steep Rise Limited — Attorney-General Criminal Procedure and Sentencing – Mutual legal assistance – Duty of full and frank disclosure Criminal Procedure and Sentencing – Mutual legal assistance – Enforcement of foreign confiscation order – Risk of dissipation 24 March 2020 Tay Yong Kwang JA (delivering the grounds of decision of the court): Introduction 1 On 22 August 2017, a Restraint Order was made by the High Court on the application of the Attorney-General (“the AG”) pursuant to s 29 read with para 7(1) of the Third Schedule of the Mutual Assistance in Criminal Matters Act (Cap 190A, 2001 Rev Ed) (“MACMA”), restraining any dealing with the funds in the bank account of Steep Rise Limited (“the appellant”) in the Bank of Singapore (“the BOS Account”). Subsequently, the appellant applied to the High Court to discharge the order of court. The High Court Judge (“the Judge”) dismissed the application and made no order as to costs as the AG did not seek an order for costs. 2 The appellant then appealed against the Judge’s decision. -
Public Prosecutor V Tan Chor
Public Prosecutor v Tan Chor Jin [2007] SGHC 77 Case Number : CC 30/2006 Decision Date : 22 May 2007 Tribunal/Court : High Court Coram : Tay Yong Kwang J Counsel Name(s) : Edwin San and Chew Chin Yee (DPPs) for the Prosecution; Accused in person Parties : Public Prosecutor — Tan Chor Jin 22 May 2007 Judgment reserved. Tay Yong Kwang J: Introduction 1 The accused (referred to by the media as the “One-eyed Dragon” because he has an opacity over the cornea of his right eye, which became blind some seven or eight years ago), is now 41 years old. He appeared in person in this trial, having discharged counsel before the preliminary inquiry and having refused legal representation by counsel assigned to him by the Registrar of the Supreme Court. At the commencement of the trial, the accused confirmed that he did not wish to have legal representation and that he wanted to conduct the trial on his own. He spoke mainly in Mandarin but would switch to simple (and often unstructured) English every now and then. 2 The trial involves the following amended capital charge under the Arms Offences Act (Cap 14, 1998 revised edition): You, Tan Chor Jin, on the 15th day of February 2006, at Blk 223 Serangoon Avenue 4 #02-183, Singapore, did use an arm, namely a Beretta, 0.22 Calibre pistol by discharging 6 rounds from the said pistol, with intent to cause physical injury to one Lim Hock Soon, male/40 years, and you have thereby committed an offence punishable under section 4(1) read with section 4(2) of the Arms Offences Act, Chapter14. -
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. -
Judiciary Times Issue No. 3 December 2019
ISSUE 03 • DEC 2019 LAUNCH OF THE TECHNOLOGY AND FAMILY JUSTICE – STATE COURTS THE CHANGING FACE “IT TAKES A HERITAGE GALLERY OF JUSTICE GLOBAL VILLAGE” DEC 2019 02 HIGHLIGHTS HIGHLIGHTS Launch of the State Courts Heritage 01 Gallery Technology and the Changing Face 03 of Justice Family Justice – 04 “It takes a global village” EVENTS & INITIATIVES Joint Judicial Conference 05 “The State Courts Heritage Gallery chronicles Mass Call 2019: Becoming a 05 our history and provides the opportunity to Profession of Learners commemorate our past and appreciate our present. Beyond Adjudication – State Courts 06 While we preserve our heritage in this gallery, we Impart Legal Knowledge to Enrich will continue our transformation journey to deliver the Community quality justice and serve society” Council of Asean Chief Justices 07 Presiding Judge of the State Courts, Working and Study Group Meetings Justice See Kee Oon 3rd International Advisory 07 Council Meeting 2019 International ODR Forum 07 The majority of the exhibits use interactive, technology-enabled features. These include a digital display of 15 high- profile cases heard in the State Courts over the last four decades, and a multi-user interactive table that chronicles Tri-court Training Workshop for 08 LAUNCH OF THE the locations of the past and present courthouses, highlighting some of their architectural features. Foreign Language Interpreters STATE COURTS One of the key highlights is the Heritage Courtroom, which is a mock-up of a courtroom in the old State Courts Transformation Week 08 Building with video displays that re-enact three criminal cases that were heard at different points in history.