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
The Right Time and Place for a Criminal Motion: Amarjeet Singh v Public Prosecutor [2021] SGHC 73
Written by: Adel Zaid Hamzah* I. EXECUTIVE SUMMARYCriminal motions are routinely filed to seek a broad range of remedies associated with the court’s criminal jurisdiction. There being no explicit limits on the sort of remedies pursuable by way of a criminal motion, it risks being abused to subvert established mechanisms that gatekeep other court procedures. … Continue reading The Right Time and Place for a Criminal Motion: Amarjeet Singh v Public Prosecutor [2021] SGHC 73
Retirement from Trusteeship – Express and Statutory Powers: Chan Yun Cheong (trustee of the will of the testator) v Chan Chi Cheong (trustee of the will of the testator) [2021] SGCA 33
This case involved two trustees of a testamentary trust, both of whom alleged that they had resigned as trustees. Trusteeship is a serious appointment that comes with responsibilities. Under the Trustees Act (Cap 337, 2005 Rev Ed) (“Trustees Act”), which governs trusts in Singapore, once a person takes up a trusteeship, he cannot simply relinquish his duties at will but must do so in accordance with the law and the terms of the trust instrument.
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.
Demystifying Prosecutorial Discretion – What It Is & How It Is Exercised
Parti Liyani was an Indonesian domestic helper who was charged with stealing up to $34,000 worth of items from then-Changi Airport Group chairman Liew Mun Leong and his family. She was initially sentenced to jail, but on appeal the High Court acquitted Ms Liyani of all charges. The High Court held that the Prosecution had not provided sufficient credible evidence to support its claims. Furthermore, the Prosecution could not rebut the Defence’s allegation that Ms Liyani’s employers had an improper motive in making a police report against Ms Liyani, i.e. to prevent her from lodging a complaint to the authorities about being asked to work outside her approved place of employment.
