Singapore Management University Institutional Knowledge at Singapore Management University Research Collection School Of Law School of Law 1-2011 Raising the Bar for the Mens Rea Requirement in Common Intention Cases Eunice CHUA Singapore Management University,
[email protected] Follow this and additional works at: https://ink.library.smu.edu.sg/sol_research Part of the Criminal Law Commons, and the Law Enforcement and Corrections Commons Citation CHUA, Eunice. Raising the Bar for the Mens Rea Requirement in Common Intention Cases. (2011). Singapore Law Review. 29, 21-34. Research Collection School Of Law. Available at: https://ink.library.smu.edu.sg/sol_research/1767 This Journal Article is brought to you for free and open access by the School of Law at Institutional Knowledge at Singapore Management University. It has been accepted for inclusion in Research Collection School Of Law by an authorized administrator of Institutional Knowledge at Singapore Management University. For more information, please email
[email protected]. Published in Singapore Law Review, 2011, vol. 29, pp. 21-34. Singapore Law Review (2011) 29 SingL Re, RAISING THE BAR FOR THE MENS REA REQUIREMENT IN COMMON INTENTION CASES Daniel Vjay s/o Katherasan v. Public Prosecutor [2010] 4 Sing. L.R. 1119 CHUA Hui HAN, EUNICE* Recently, the Court of,4ppeal in Daniel Vijay s/o Katherasan v. Public Prosecutor took the view that the law on common intention was not adequatelysettled in Singaporedespite the 138-year history of s. 34 ofthe Penal Code. It went on to give an extensive review ofthe cases interpretingthe section as well as its Indian equivalent,before settingout the properapproach to take in "twin crime" common intention cases,focusing specifically on the mens rea element requiredin orderto establish construc- tive liabilityforthe secondary crime.