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.
Collaboration with the Supreme Court
In a new collaboration with the Supreme Court, SMU Law students (under SMU Lexicon) will pen articles on a number of issues concerning the rule of law, so as to foster greater public awareness of how cases are decided as well as the legal processes involved.
The Murderer’s Defence: challenging a murder charge under s 300 of the Penal Code
A conviction of murder is one with grave implications, one which may result in a sentence of death, or of life imprisonment. Against this backdrop, it is crucial to understand what defences are available to an accused person alleged of criminal homicide. Was the accused provoked into killing the deceased? Was the accused unable to comprehend his actions due to a mental infirmity? And more importantly, do these factors alone justify one’s exculpation? These questions are explored in this article, where focus is placed on several defences typically raised by an accused where the charge of murder is concerned.
Mediating Neighbour, Racial and Religious Disputes – Takeaways from the Second Conference of the International Institute of Mediators
On 8th – 9th October, the International Institute of Mediators (iiM) held its 2nd Conference on using mediation to resolve neighbour disputes, as well as racial and religious conflicts. Over one and a half days, the Conference covered a wide range of topics, ranging from discussions on the qualities of a good mediator, what makes a mediation session successful to how to increase the utilisation of mediation in handling racial, religious, and neighbourly disputes.
Defence of Diminished Responsibility for a Premeditated Murder? Ahmed Salim v Public Prosecutor [2022] SGCA 6
The defence of diminished responsibility is made out when the accused is proven to suffer from a recognised abnormality of mind that substantially impaired his mental responsibility for the murder. It is difficult to see how accused persons in cases of premeditated murder can avail themselves to this defence. Nevertheless, the CA in Ahmed Salim v PP examined the issue and held that such a defence was not precluded.
Which Costs Regime Applies for Which Court: CBX and another v CBZ and others [2021] SGCA(I) 4
There are separate costs regimes governing proceedings in the Singapore courts. Costs in civil proceedings in the SGHC are governed by the Rules of Court, while costs in proceedings commenced in the SICC are governed by the SICC Rules. However, what was unclear is which costs regime applied when a matter is transferred from the SGHC to the SICC. In CBX v CBZ, the SGCA has clarified the law as to how costs should be assessed pre and post transfer. Further, the CA also provided a clear approach as to the assessment of quantum of costs.
An Introduction to Syariah Law in Singapore
Singapore is home to a multitude of religions and while Muslims form only 15.6% of the total population, our legal system provides for a Muslim to be governed by Syariah law. However, many Singaporeans do not understand what Syariah law entails or how it is enforced. This commentary seeks to answer the frequently-asked questions regarding this matter. First, we answer the question of what is Syariah law. Second, we elaborate on the persons affected by Syariah law. Third, we set out how Syariah law is administered, and finally, we discuss the substantive differences between Syariah law and “regular” law. “Regular” law in this discussion is confined to the domain of family law in Singapore.
Home-based food businesses: three questions to consider when a customer threatens to sue you for food poisoning
You’ve been running a home-based food business. One day, you’re in the kitchen when you hear your phone buzz. Is this a new order? You pick up the phone, ready for the good news. To your horror, you hear an angry lady shouting at you, claiming that she has suffered food poisoning from your cakes. This lady has threatened to sue you, unless you pay her compensation. This scenario is a nightmare for any home-based food business owner. This article highlights three questions for owners of home-based food businesses to consider when caught in such a situation: (1) when preparing the food, did you adhere to the Singapore Food Agency Guidelines on Food Safety and Hygiene Practices (“SFA Guidelines”)?; (2) was your food the actual cause of the customer’s food poisoning?; and (3) what is the customer seeking compensation for?
Don’t judge a prosecution by its cover – Equality in Implementing Prosecutorial Discretion
The prosecution performs an important task of maintaining law and order, and upholding the rule of law. In exercising their discretionary powers as vested to them under Article 35(8) of the Constitution, this may lead to differential treatment between seemingly equally situated accused persons. While this may raise questions regarding the constitutional right to equality, this article will illustrate why these prosecutorial decisions are nonetheless in accordance with Article 12 of the Constitution.
The Expedited Protection Order: What is it and Can it be challenged?
From the time of application to the time a Personal Protection Order (“PPO”) is granted, the applicant could still be exposed to violence from the family member. The expedited protection order (“EPO”) is a temporary PPO that serves to protect the applicant while the PPO application is pending. This article summarises the law on EPOs and offers information on what to do when an EPO is issued against you.
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