Jumadi v PP concerns section 33B of the Misuse of Drugs Act, a provision that incentivises accused persons to cooperate with CNB officers so as to obtain a certificate of substantive assistance and escape the gallows. The notice, which brings s 33B to the attention of the accused, cannot be construed as an inducement or promise because otherwise, statements recorded after the issuance of the notice would be rendered inadmissible as evidence. In Jumadi v PP, Jumadi claimed that CNB officers made him a promise before the notice was issued, and in any case, the notice was an inducement, thereby challenging the admissibility of his statements. Unsurprisingly, the Court of Appeal dismissed all his claims.
Logachev strikes again: A “new” sentencing framework for evasion of income tax in Tan Song Cheng v PP [2021] SGHC 138
Consistency in sentencing promotes fairness by ensuring that like offenders are treated similarly by our criminal justice system. This can be achieved by applying well-constructed sentencing frameworks. The High Court in Tan Song Cheng v PP acknowledged the importance of consistency in sentencing, particularly for offences under s 96(1) of the Income Tax Act.
A Guide to Stern Warnings
*By: Wong Pei Yee I. Introduction Have you been informed by the authorities that you have been issued a “stern warning in lieu of prosecution”? Run-ins with the law can be frightening. However, one should not lose too much sleep over a stern warning. This article hopes to shed some light on what is a … Continue reading A Guide to Stern Warnings
What cases are to be heard by the Appellate Division and Why: Noor Azlin bte Abdul Rahman and another v Changi General Hospital Pte Ltd [2021] 2 SLR 440
On 2 January 2021, certain statutory amendments came into effect to amend Singapore's court appellate system. These changes established the Appellate Division of the High Court ("AD"), akin to an intermediary appellate court, while the High Court was newly named the General Division of the High Court ("Gen Div"). In Noor Azlin bte Abdul Rahman and another v Changi General Hospital Pte Ltd [2021] 2 SLR 440 the Court of Appeal ("CA") explains the significance of the AD, what cases are to be heard by the AD and why, as well as when a case may be transferred from the AD to the CA and vice versa.
The legal effect of no-oral modification clauses: Charles Lim Teng Liang and another v Hong Choon Hau and another [2021] SGCA 43
No-oral modification clauses seek to invalidate contractual modifications which are not made in writing. In Charles Lim Teng Siang and another v Hong Choon Hau and another, the Court of Appeal held that the no-oral modification clause in question did not apply to a rescission of the contract. It explored the legal effect of no-oral modification clauses in obiter, noting that such clauses likely raise a rebuttable presumption that in the absence of an agreement in writing, there would be no variation of the contract.
Consistency in Sentencing: Exploring the Dichotomy between Judicial Judgments and Public Perception
Singapore's criminal justice system prefers deterrence over other sentencing considerations. However, where sentencing outcomes seemingly defy this expectation, claims of inconsistency oversimplify the delicate balance between sentencing considerations. Rather, to appreciate the consistencies within Singapore's sentencing framework, it is necessary to understand the intricate workings of its application and administration. Year 2 LL.B. students John Hoy and Damien Teo deconstruct the concept of consistency, before exploring the dichotomy between the metric of consistency utilised by the public on one hand and the judiciary on the other.
Deterrence? Or Mercy and Second Chances? An Evaluation of the Singaporean Judiciary’s Attempts to Tread a Tightrope in Sentencing
Year 2 LL.B. student Isabelle Lim examines the interplay between deterrence, rehabilitation and judicial mercy in sentencing and evaluates how well the judiciary has struck a balance between these competing principles. Whilst the judiciary clearly favours deterrence over judicial mercy in sentencing, the common perception that the judiciary prioritises deterrence over rehabilitation is not necessarily true. Further, cases where deterrent sentences were meted out to youth offenders and offenders with mental disorders do not evidence inconsistency in sentencing or a disproportionate focus on deterrence, for a closer examination of such cases reveals compelling facts justifying a departure from rehabilitation as the primary sentencing principle.
Deconstructing the legal contours of POFMA: The Online Citizen Pte Ltd v Attorney-General and another appeal and other matters [2021] SGCA 96
In The Online Citizen Pte Ltd v Attorney-General, the Court of Appeal (“CA”) discussed the issuance of Part 3 Directions under the Protection from Online Falsehoods and Manipulation Act 2019 (“POFMA”). Such Directions may be issued to any statement-maker who communicates a false statement of fact online. Significantly, the CA made conclusive findings regarding the constitutionality of the POFMA, the new five-step framework to be used by courts in assessing applications to set aside a Part 3 Direction, and the applicable burden of proof.
Sticking to your guns: Keeping an antique weapon-collecting hobby while keeping out of trouble
Exotic weapons, flashy guns, and explosive fight scenes – these are the fundamental parts of James Bond movies. If you’ve become a fan of medieval weaponry (i.e. guns, swords, knives) after seeing them used by 007, you’d probably want to purchase them online from overseas dealers and ship them to you in Singapore. However, be warned – just as secret agents require a license to kill, you also require a license to bring such items into Singapore.
When a Company is Unable to Pay its Debts: Sun Electric Power Pte Ltd v RCMA Asia Pte Ltd [2021] SGCA 60
The winding up of a company spells its death. It is the process of collecting and selling off the company's assets in order to pay off creditors, after which any remaining assets will be distributed to its shareholders. The company is then dissolved and no longer exists. In Sun Electric Power Pte Ltd v RCA Asia Pte Ltd, the Court of Appeal introduces new legal principles; firstly, with respect to the conduct of a company's appeal against a winding-up order, and secondly, with regards to the test to be used in determining whether a company is unable to pay its debts.
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