Bill Puah Ee Jie and Keith Low* I. IntroductionA guilty plea refers to an admission by someone who is accused of a crime that he or she did, in fact, commit the crime. Often, pleading guilty affords an accused a significant discount in sentencing. This discount, accompanied with the costs and time involved in claiming … Continue reading Pleading guilty in Singapore
A Novel Approach to Deriving Sentencing Frameworks: Setencing as a Science and/or Art? Takaaki Masui v Public Prosecutor [2021] 4 SLR 160
I. Executive SummaryIn Takaaki Masui v Public Prosecutor and another appeal and other matters [2021] 4 SLR 160 (“Masui v PP”), the High Court (“HC”) introduced a new sentencing framework for purely private corruption offences under ss 6(a) and 6(b) of the Prevention of Corruption Act (Cap 241, 1993 Rev Ed) (“PCA”). Significantly, the HC utilised … Continue reading A Novel Approach to Deriving Sentencing Frameworks: Setencing as a Science and/or Art? Takaaki Masui v Public Prosecutor [2021] 4 SLR 160
The Law Governing Contract Formation: Solomon Lew v Kaikhushru Shiavax Nargolwala and other and another appeal [2021] SGCA(I) 1
I. Executive SummaryCross-border contracts often raise questions as to which country’s law should govern the contract. A three-stage test is usually used to determine the governing law. The first two stages determine, respectively, whether parties had expressly or impliedly chosen a governing law, and the third stage determines the governing law based on the law … Continue reading The Law Governing Contract Formation: Solomon Lew v Kaikhushru Shiavax Nargolwala and other and another appeal [2021] SGCA(I) 1
The State of Statements in Singapore’s Legal System
Bill Puah Ee Jie* I. Introduction During the investigations of crimes, numerous statements are often recorded by the police. Different types of statements might also be taken at different times. Unfortunately, the process remains relatively unknown to the public and therefore may create an undue amount of uncertainty and unease for those undergoing the process. … Continue reading The State of Statements in Singapore’s Legal System
Collaboration with the Supreme Court
In a collaboration with the Supreme Court, SMU Law students (under SMU Lexicon) are reporting on selected Court of Appeal judgments, highlighting the significant points, so as to foster greater public awareness of these cases and their implications. The summaries are available on the Supreme Court of Singapore Website, and are reproduced here on SMU Lexicon's website as well.
The penal-compensatory dichotomy of liquidated damages clauses: Denka Advantech Pte Ltd v Seraya Energy Pte Ltd [2021] 1 SLR 631
I. Executive summary Parties are generally free to contract as they wish, through exchanging promises and imposing obligations on one another that are enforceable in a court of law. However, there are specific limitations that the court has set on contracts, whether for policy or practical reasons.One such limitation is the ability of a party … Continue reading The penal-compensatory dichotomy of liquidated damages clauses: Denka Advantech Pte Ltd v Seraya Energy Pte Ltd [2021] 1 SLR 631
Establishing the Authenticity of a Document: CIMB Bank Berhad v World Fuel Services (Singapore) Pte Ltd and another appeal [2021] SGCA 19
Written by: Teo Kay Liang Alan, 2nd-year JD student I. EXECUTIVE SUMMARYThe authenticity of a document is of paramount importance in the law of evidence.[1] This was illustrated in CIMB Bank Berhad v World Fuel Services (Singapore) Pte Ltd and another appeal [2021] SGCA 19, which concerned the authenticity of a deed of debenture, i.e. a document which creates or … Continue reading Establishing the Authenticity of a Document: CIMB Bank Berhad v World Fuel Services (Singapore) Pte Ltd and another appeal [2021] SGCA 19
Levelling the Playing Field between the Prosecution and the Defence: Steps in the Right Direction
Developed by Herbert Packer, the Crime Control Model and Due Process Model espouse different ideologies in criminal justice – the former prioritises efficient crime suppression in the interests of public order, while the latter emphasises the primacy of individual rights in relation to the state. While Singapore’s criminal justice regime incorporates characteristics of both, historically, experts have argued that it bears greater similarity to the Crime Control Model.
Fair Enough? An Examination of Existing Legal Limits on Prosecutorial Discretion
The story of Ms Parti Liyani is one of a harrowing journey through the criminal justice regime, resulting in eventual victory, but at great cost. In March 2019, Ms Liyani stood trial for four theft-related charges and was found guilty of all four charges. On appeal, it was found that the Prosecution had led Ms Liyani to make an admission at the trial below, by failing to disclose the non-functional state of a DVD player she was accused of stealing. Although she was eventually acquitted, Ms Liyani’s story is a demonstration of the impact of prosecutorial decisions on accused persons.
JUDICIAL REVIEW OF PROSECUTORIAL DECISIONS
Written by Fun Wei Xuan, Joel* I. IntroductionProsecutorial discretion, broadly speaking, refers to the Public Prosecutor’s ability to, in its sole discretion, make a myriad of decisions, including: whether to initiate prosecution, what charge to prefer, whether to amend a charge, and whether to discontinue prosecution.[1] This power is provided for in Article 35(8) of … Continue reading JUDICIAL REVIEW OF PROSECUTORIAL DECISIONS
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