Public Prosecutor V Kho Jabing
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331KB***Administrative and Constitutional
(2016) 17 SAL Ann Rev Administrative and Constitutional Law 1 1. ADMINISTRATIVE AND CONSTITUTIONAL LAW THIO Li-ann BA (Oxon) (Hons), LLM (Harvard), PhD (Cantab); Barrister (Gray’s Inn, UK); Provost Chair Professor, Faculty of Law, National University of Singapore. Introduction 1.1 In terms of administrative law, the decided cases showed some insight into the role of courts in relation to: handing over town council management to another political party after a general election, the susceptibility of professional bodies which are vested with statutory powers like the Law Society review committee to judicial review; as well as important observations on substantive legitimate expectations and developments in exceptions to the rule against bias on the basis of necessity, and how this may apply to private as opposed to statutory bodies. Many of the other cases affirmed existing principles of administrative legality and the need for an evidential basis to sustain an argument. For example, a bare allegation of bias without evidence cannot be sustained; allegations of bias cannot arise when a litigant is simply made to follow well-established court procedures.1 1.2 Most constitutional law cases revolved around Art 9 issues. Judicial observations on the nature or scope of specific constitutional powers were made in cases not dealing directly with constitutional arguments. See Kee Oon JC in Karthigeyan M Kailasam v Public Prosecutor2 noted the operation of a presumption of legality and good faith in relation to acts of public officials; the Prosecution, in particular, is presumed “to act in the public interest at all times”, in relation to all prosecuted cases from the first instance to appellate level. -
Micheal Anak Garing V Public Prosecutor and Another Appeal
IN THE COURT OF APPEAL OF THE REPUBLIC OF SINGAPORE [2017] SGCA 07 Criminal Appeal No 9 of 2015 Between MICHEAL ANAK GARING … Appellant And PUBLIC PROSECUTOR … Respondent Criminal Appeal No 11 of 2015 Between PUBLIC PROSECUTOR … Appellant And TONY ANAK IMBA … Respondent In the matter of Criminal Case No 19 of 2013 Between PUBLIC PROSECUTOR And (1) MICHEAL ANAK GARING (2) TONY ANAK IMBA JUDGMENT [Criminal Law]—[Offences]—[Murder] [Criminal Procedure and Sentencing]—[Sentencing]—[Appeals] 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. Micheal Anak Garing v Public Prosecutor and another appeal [2017] SGCA 07 Court of Appeal — Criminal Appeals Nos 9 and 11 of 2015 Chao Hick Tin JA, Andrew Phang Boon Leong JA and Judith Prakash JA 5 September 2016 27 February 2017 Judgment reserved. Chao Hick Tin JA (delivering the judgment of the court): Introduction 1 Micheal Anak Garing (“MAG”) and Tony Anak Imba (“TAI”) were both tried in the High Court under s 300(c) of the Penal Code (Cap 224, 2008 Rev Ed) for the murder of one Shanmuganathan Dillidurai (“the deceased”). They were both charged with murder committed in furtherance of a common intention, and were thus liable to be punished under s 302(2) read with s 34 of the Penal Code. 2 MAG and TAI, together with two other friends, Hairee Anak Landak (“HAL”) and Donny Anak Meluda (“DAM”) (collectively, “the Gang”), had set out from a friend’s house on the night of 29 May 2010 with a preconceived plan to commit robbery. -
Michael Green QC, Fountain Court
Finance, Property and Business Litigation in a Changing World 25-26 April 2013 Supreme Court Auditorium Organisers: Finance, Property and Business Litigation in a Changing World Plenary Session 1: Finance Litigation Chairperson Mr Alvin Yeo SC , WongPartnership LLP Speakers Ms Geraldine Andrews QC, Essex Court Chambers Mr Peter de Verneuil Smith, 3Verulam Buildings Mr Hri Kumar Nair SC, Drew & Napier LLC FINANCIAL DERIVATIVES LITIGATION Geraldine Andrews Q.C. Essex Court Chambers The 2008 financial crisis Sept-Oct 2008 – the eye of the storm • 7th Sept - Freddie Mac and Fannie Mae effectively nationalized by US Government. • 14th Sept - Merrill Lynch shotgun wedding to Bank of America amidst fears of liquidity crisis • 15th Sept - Lehman Bros filed for Chapter 11 Bankruptcy protection. Periodically thereafter various of its subsidiaries did the same, including, on 3 Oct, LBSF, the dedicated subsidiary for derivative transactions. • 17th Sept - AIG, the USA䇻s largest insurer, was bailed out by US Govt with a loan of $85bn (insufficient funds to meet its CDS insurance obligations) Geraldine Andrews QC, Essex Court Chambers FINANCE, PROPERTY AND BUSINESS LITIGATION IN A CHANGING WORLD Sept-Oct 2008 – the eye of the storm • 17th Sept – Lloyds TSB takes over HBOS following a run on HBOS shares • 25th Sept – Washington Mutual sold to JP Morgan Chase for $1.9bn. • 3 Oct – US Congress approves 700bn bailout of the banks – the biggest financial rescue in US history. • 6-10 Oct - The worst week for the global stock market for 75 years. The Dow Jones index lost 22.1%, its worst week on record. Geraldine Andrews QC, Essex Court Chambers FINANCE, PROPERTY AND BUSINESS LITIGATION IN A CHANGING WORLD Sept-Oct 2008 – the eye of the storm • 7 Oct - Icelandic banking system collapses • 11 Oct Highest volatility day recorded in the 112 year history of the Dow Jones Industrial Average. -
Internal Communication Clearance Form
HAUT-COMMISSARIAT AUX DROITS DE L’HOMME • OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS • 1211 GENEVA 10, SWITZERLAND Mandates of the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment REFERENCE: UA SGP 3/2015: 30 October 2015 Excellency, We have the honour to address you in our capacity as Special Rapporteur on extrajudicial, summary or arbitrary executions and Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment pursuant to Human Rights Council resolutions 26/12 and 25/13. In this connection, we would like to bring to the attention of your Excellency’s Government information we have received concerning the imminent execution of Mr. Kho Jabing, a Malaysian national sentenced to death for murder by a Singaporean court. According to the information received: On 30 July 2010, Mr. Kho Jabing, a Malaysian national and a co-defendant were convicted of murder in Singapore after a 2008 robbery resulting in death. As the capital punishment was mandatory for murder until 2012, they were sentenced to death. On 24 May 2011, Mr. Jabing’s co-defendant was convicted of “robbery with hurt” while his death sentence was confirmed. In 2012, following a penal reform Singapore reviewed its mandatory capital punishment laws. The courts were allowed to impose either the death penalty or other sanctions including life imprisonment for drug trafficking and murder. On 30 April 2013, the Court of Appeal decided to re-sentence Mr. Jabing, arguing that his case meets the requirements of the definition of murder under Section 300(c) of the Penal Code, stating that when there is no intention to cause death judges have the option to impose either the death penalty or life imprisonment or caning. -
Criminal Law Conference 2019 7 March 2019 Opening Address by Deputy Attorney-General, Hri Kumar Nair S.C
Criminal Law Conference 2019 7 March 2019 Opening Address by Deputy Attorney-General, Hri Kumar Nair S.C. Towards a More Efficient and Just Criminal Process Distinguished Guests Ladies and Gentlemen I. INTRODUCTION 1 I would like to touch on the topic of a just criminal process, and in particular, on a facet of justice that is often overlooked. When we talk about achieving justice in the criminal context, we often have in our minds the twin ends of securing the conviction and punishment of the guilty on the one hand, and the acquittal of the innocent on the other. Any criminal legal system which desires to be regarded as just must necessarily aspire towards these twin outcomes. But we must be careful that the ends of justice do not obscure the means by which we arrive at them. In this regard, I suggest that a necessary condition of justice is a criminal process which secures the ends of justice by fairly as well as efficiently resolving cases. 2 The link between efficiency and justice is not a new one, nor one which is controversial. In 1996, then Attorney-General Mr Chan Sek Keong, delivering the 10th Singapore Law Review Lecture, observed that: Any model of the criminal process we should strive for… must be efficient, ie, it should be able to speedily “apprehend, try, convict and dispose of a high proportion of criminal offenders whose offences become known”. 3 There are, to my mind, three reasons why the efficient resolution of criminal cases coheres with the demands of justice: (a) First, and most obviously, the timely resolution of a case enables us to reach the aforesaid ends of justice. -
Going Backwards: the Death Penalty in Southeast Asia
GOING BACKWARDS The death penalty in Southeast Asia October 2016 / N° 682a October Cover photo: An anti-death penalty advocate displays a placard in front of the Supreme Court in Manila on 26 January 2004 to call on the government to stop the scheduled executions of two convicted kidnappers. © Joel Nito / AFP tabLE OF CONTEnts Introduction 4 Brunei Darussalam: Death penalty under Sharia Criminal Code looms 5 Burma: Happy to remain de facto abolitionist 5 Indonesia: Executions continue, more crimes punishable by death 6 Laos: No progress towards abolition 8 Malaysia: Reform stalled amid ongoing executions 9 Philippines: New President proposes reintroduction of capital punishment 10 Singapore: Government defends capital punishment, executions continue 12 Thailand: Dragging its feet on abolition 13 Vietnam: Capital punishment still on the books despite law amendments 15 The death penalty in Southeast Asia: Key facts & figures 16 Recommendations to countries in Southeast Asia 17 Introduction Over the past year, Southeast Asia has witnessed significant setbacks with regard to the abolition of the death penalty. Indonesia, Malaysia, and Singapore have all carried out executions. It is unknown whether any executions were carried out in Vietnam, where statistics on the death penalty continue to be classified as ‘state secrets.’ In the name of combating drug trafficking, Indonesian President Joko Widodo is rapidly becoming Southeast Asia’s top executioner. The Philippines, which effectively abolished the death penalty for all crimes in 2006, is considering reinstating capital punishment as part of President Rodrigo Duterte’s ill-conceived and disastrous ‘war on drugs.’ Over the past year, slow or no progress towards the complete abolition of the death penalty for all crimes has been observed in Brunei Darussalam, Burma, Laos, and Thailand – countries that have attained, or are close to attaining, the status of de facto abolitionist. -
International Collaborative Working Towards Death Penalty Abolition Page 1 of 2
International collaborative working towards death penalty abolition Page 1 of 2 International collaborative working towards death penalty abolition By Melissa Parke Published on Thursday, 26 November 2015 16:30 Ms Parke (4:30pm) — Last week in Kuala Lumpur I participated in a parliamentary round table concerning the abolition of the death penalty in Malaysia that was co-hosted by the Parliament of Malaysia and the Parliamentarians for Global Action, the PGA, of which I am a member and the chair of the Australian national group. At the round table I met the family of a 31-year-old Malaysian man, Kho Jabing, who faces imminent execution in Singapore. Kho Jabing's petition for clemency was rejected on 19 October by President Tony Tan Keng Yam, and his execution was initially set for 6 November. Just a day before he was to be sent to the gallows he was granted a temporary stay of execution to allow for the consideration of two separate legal challenges put forward on his behalf. This is a story all too familiar on death row cases. The life of a young man being held in the balance as lawyers and the courts battle to determine his fate. Kho Jabing and a co-defendant were convicted of murder on 30 July 2010, which at the time carried a mandatory death sentence. In 2012 Singapore amended its penal code to reduce the scope of mandatory death sentences, giving the courts discretion not to impose the death penalty in instances when there is no intention to cause death. On the basis that Kho Jabing did not intend to cause death, the High Court in 2013 resentenced him to life imprisonment and 24 strokes of the cane. -
The Effects of the Cla 1956 on Judicial
THE EFFECTS OF THE CLA 1956 ON JUDICIAL DISCRETION, QUANTUM OF DAMAGES AND INTEREST ON DAMAGES IN PERSONAL INJURY AND FATAL ACCIDENT CLAIMS ARISING OUT OF MOTOR VEHICLE ACCIDENTS : A CRITICAL APPRAISAL NAZLI BINTI MAHDZIR THESIS SUBMITTED IN FULFILMENT OF REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY IN LAW INSTITUTE OF GRADUATE STUDIES UNIVERSITY OF MALAYA KUALA LUMPUR 2014 i UNIVERSITY OF MALAYA ORIGINAL LITERARY WORK DECLARATION Name of Candidate : Nazli Binti Mahdzir Registration No : LHA 090003 Name of Degree : Doctor of Philosophy Title of Thesis : The Effects of the CLA 1956 on Judicial Discretion, Quantum of Damages and Interest on Damages in Personal Injury and Fatal Accident Claims Arising Out of Motor Vehicle Accidents : A Critical Appraisal Field of Study : Insurance and Personal Injury Law I do solemnly and sincerely declare that: 1. I am the sole author / writer of this Work; 2. This Work is original; 3. Any use of Work in which copyright exists was done by way of fair dealing and for permitted purposes and any excerpt of extract form, or reference to or production of any copyright work has been disclosed expressly or sufficiently and the title of the work and its authorship have been acknowledged in this Work; 4. I do have actual knowledge nor do I ought reasonably to know that the making of this Work constitutes an infringement of any copyright work; 5. I hereby assign all and every rights in the copyright to this Work to the University of Malaya (UM), who henceforth shall be the owner of the copyright on this Work and that any production of use in any form or by any mean whatsoever is prohibited without written consent of UM first had and obtained; i 6. -
Supreme Court of Singapore
SUPREME COURT OF SINGAPORE 2012ANNUAL REPORT VISION To establish and maintain a world-class Judiciary. MISSION To superintend the administration of justice. VALUES Integrity and Independence Public trust and confidence in the Supreme Court rests on its integrity and the transparency of its processes. The public must be assured that court decisions are fair and independent, court staff are incorruptible, and court records are accurate. Quality Public Service As a public institution dedicated to the administration of justice, the Supreme Court seeks to tailor its processes to meet the needs of court users, with an emphasis on accessibility, quality and the timely delivery of services. Learning and Innovation The Supreme Court recognises that to be a world-class Judiciary, we need to continually improve ourselves and our processes. We therefore encourage learning and innovation to take the Supreme Court to the highest levels of performance. Ownership We value the contributions of our staff, who are committed and proud to be part of the Supreme Court. SUPREME COURT ANNUAL REPORT 2012 01 Contents 02 46 MESSAGE FROM THE CHIEF JUSTICE STRATEGIC MANAGEMENT • Launch of eLitigation 14 • Launch of the Centralised Display CONSTITUTION AND JURISDICTION Management System (CDMS) • Supreme Court Staff Workplan 18 Seminar SIGNIFICANT EVENTS • Legal Colloquium • Opening of the Legal Year • Organisational Accolades • 2nd Joint Judicial Conference • Mass Call 52 • Launch of The Learning Court TIMELINESS OF JUSTICE • Legal Assistance Scheme for • Workload -
8. Civil Procedure
156 SAL Annual Review (2010) 11 SAL Ann Rev 8. CIVIL PROCEDURE Cavinder BULL SC MA (Oxford), LLM (Harvard); Barrister (Gray’s Inn), Attorney-at-Law (New York State); Advocate and Solicitor (Singapore). Jeffrey PINSLER SC LLB (Liverpool), LLM (Cambridge), LLD (Liverpool); Barrister (Middle Temple), Advocate and Solicitor (Singapore); Professor, Faculty of Law, National University of Singapore. Affidavits 8.1 In Drydocks World LLC v Tan Boy Tee [2010] SGHC 248, the High Court reiterated that as O 41 r 5(2) of the Rules of Court (Cap 322, R 5, 2006 Rev Ed) (“RoC”) (which enables an affidavit deponent to refer to statements of information or belief) only applies to interlocutory proceedings, it does not operate where the plaintiff is seeking final relief affecting the rights of the parties. Amendments 8.2 In Navigator Investment Services Ltd v Acclaim Insurance Brokers Pte Ltd [2010] 1 SLR 25 (“Navigator”), the Court of Appeal allowed an amendment to a summons that had been filed in proceedings commenced by originating summons. The amendment was to include s 6 of the International Arbitration Act (Cap 143A, 2002 Rev Ed) (“IAA”) as a ground for staying the originating summons. The Court of Appeal held (Navigator at [26]) that whilst the appellant had sought to amend the summons at a very late stage, the issue of whether an arbitration was governed by the IAA or the Arbitration Act (Cap 10, 2002 Rev Ed) (“AA”) was a question of law and it was difficult to see how there could be any prejudice that could not be compensated by an appropriate costs order. -
Death by Discretion
Death by Discretion An examination of the interaction between prosecutorial and judicial discretion and the effects on sentencing for capital offences under the 2013 discretionary death penalty regime in Singapore Candidate number: 8003 Submission deadline: 15 May 2018 Number of words: 18,000 Table of Contents 1 INTRODUCTION ........................................................................................................ 1 2 WHY THE FOCUS ON DISCRETION IN SINGAPORE’S DEATH PENALTY REGIME ......................................................................................................................... 2 3 STRUCTURE AND METHODOLOGY .................................................................... 3 4 A BACKGROUND OF THE DEATH PENALTY IN SINGAPORE ..................... 4 4.1 Drugs Offences ................................................................................................................. 7 4.2 Murder .............................................................................................................................. 9 4.3 Constitutional Challenges ................................................................................................ 11 5 CHANGES TO THE REGIME IN 2013 ................................................................... 14 5.1 Rationale for the Changes ............................................................................................... 16 6 PROSECUTORIAL DISCRETION AND SENTENCING – BLURRING OF LINES? ......................................................................................................................... -
Lord Phillips in Singapore SAL Annual Lecture 2006
MICA (P) No. 076/05/2006 September — October 2006 interSINGAPOREinterSINGAPORE ACADEMYACADEMY seseOFOF LAWLAW SALSAL AnnualAnnual LectureLecture 2006:2006: LordLord PhillipsPhillips inin SingaporeSingapore ChiefChief JusticeJustice ChanChan VisitsVisits thethe MalaysianMalaysian CourtsCourts InIn Summary:Summary: SAL’sSAL’s StrategicStrategic PlanningPlanning RetreatRetreat BDFQMQDPNIBTUIFTPMVUJPOUPZPVSBSDIJWJOHOFFET8JUI PVSTVQFSJPSTDBOUPGJMFTFSWJDFT ZPVOFWFSIBWFUPXPSSZ BCPVUVOXBOUFEQBQFSCVMLBHBJO 4FSWJDFTJODMVEF "UP"TJ[FQBQFSTDBO )JHI3FTPMVUJPOTDBOOJOH 4BWFUP1%'GPSNBU EJHJUBMmMFBSDIJWJOHIBTOFWFSCFFONBEFFBTJFS Powered by g Image Logic® GPSNPSFJOGPSNBUJPO WJTJUXXXBDFQMQDPNTH www.oce.com.sg [email protected] BDFQMQDPN1UF-UE FQSJOUJOHTDBOOJOHIVC 5FMFORVJSZ!BDFQMQDPNTH INTER ALIA The tragic events of 9/11 starkly remind us that the world now lives in a much more uncertain time. With this in mind, the legal profession in Singapore gathered this year, on 29 August 2006, for the 13th Singapore Academy of Law Annual Lecture delivered by The Right Honourable The Lord Phillips of Worth Matravers, Lord Chief Justice of England and Wales. The lecture titled “Terrorism and Human Rights” highlighted the struggles facing the United Kingdom in balancing the right of a sovereign state to protect those within its territory from acts of terror, with the right of every individual to free access to and due process of the law – regardless of which side of the law an individual happens to fall. Lord Phillips illustrated, through detailed references to UK legislation and case law, how the UK courts have mediated between the Government’s responses to threats to national security and the need for such responses to be sensitive to the regime of human rights law applicable in the UK. In this issue of Inter Se, we feature highlights from Lord Phillips’s timely and thoughtful lecture together with excerpts from an interview with Lord Phillips on other changes taking place in the UK legal sphere.