What happens when a criminal act is alleged, and the only evidence is from a sole eyewitness (i.e. the evidence is uncorroborated)? In Public Prosecutor v GCK [2020] SGCA 2, the Singapore Court of Appeal clarified that the "unusually convincing" standard applies to such cases as well, and is not just limited to cases dealing with sexual offences. Furthermore, a stricter standard is not to be imposed for cases dealing with sole eyewitnesses.
The Impossibility Defence: Han Fang Guan v Public Prosecutor [2020] SGCA 11
The law on "impossible attempts" (i.e. attempts to commit an offence that could not have been possibly completed) has long been fraught with conceptual difficulties. In Han Fang Guan v PP [2020] SGCA 11, the Singapore Court of Appeal finally laid down a two-stage approach for such crimes.
Shareholder’s Personal Liability when Winding Up a Company
Written by: Chai Wen Min I. Introduction You own a company. The company is being wound up, because there is nothing left to pay its creditors. Are your personal assets now at risk? The short answer is no, but this ultimately depends on (a) the nature of the company, (b) the type of claim, and … Continue reading Shareholder’s Personal Liability when Winding Up a Company
Product liability in Singapore: knowing your rights as a consumer
Product defects can range from frustrating to even dangerous for consumers. This article explains the solutions for consumers to recover losses caused by product defects under the Consumer Protection (Fair Trading) Act, and the tort of negligence.
Yes, Prime Minister? A commentary on R (on the application of Miller) v The Prime Minister [2019] UKSC 41
In a referendum held on 23 June 2016, the United Kingdom voted to leave the European Union. Since then, the government’s attempts to initiate the withdrawal process have not only been fraught with political disagreement and delays, but have also prompted several constitutional law challenges.
Healthcare & AI for a rapidly ageing Singapore
On 6th February 2020, the SMU Centre for AI & Data Governance and SGInnovate hosted a panel discussion on the ‘Challenges of employing AI in the healthcare sector’. The 90-minute panel was chaired by Miss Sunita Kannan - Data, AI Advisory and Responsible AI expert. The other panelists included Professor Dov Greenbaum (Director of the Zvi Meitar Institute for Legal Implications of Emerging Technologies, Interdisciplinary Center, Herzliya Israel), Dr Tan Jit Seng (Founder and Director of Lotus Eldercare and Vice President of the Asia Pacific Assistive Robotics Association) and Mr. Julien Willeme (Legal Director for Medtronic, Asia-Pacific). Arina Rashid and Jill Phua report on the discussion in this event report.
Charities, Contracts and Conspiracy: Singapore Shooting Association and others v Singapore Rifle Association [2019] SGCA 83
Singapore Shooting Association and others v Singapore Rifle Association [2019] SGCA 83 was the latest instalment in a series of cases about a long-running dispute between Singapore Shooting Association (“SSA”) and Singapore Rifle Association (“SRA”). This decision by the Court of Appeal, addressed issues of contractual indemnities, disproportionate litigation and the tort of unlawful means conspiracy.
Clarifying the distinction between fact and belief probability: Armstrong, Carol Ann v Quest Laboratories Pte Ltd [2019] SGCA 75
In cases involving medical negligence, lawyers for both parties often use, as evidence, voluminous amounts of scientific and statistical evidence. However, parties may incorrectly confuse what the evidence shows, with what is required by the legal standard of proof. In Armstrong, Carol Ann v Quest Laboratories Pte Ltd [2019] SGCA 75, the Court of Appeal clarified the proper approach in using statistical evidence to prove negligence
Fraudulent Sex Criminalisation in Singapore: An Accidental Success
The Criminal Law Reform Act 2019, which introduced new regulation relating to fraudulent sex, came into effect on 1 January 2020. These amendments are meant to ensure that the law keeps pace with recent developments on sexual consent, and provide some clarity in that respect. The question is: are they enough?
In a thought-provoking seminar, Associate Professor Chen Jianlin of the Melbourne Law School posits that these amendments in the Penal Code were an accidental success.
The appropriate sentencing framework for sexual assault by penetration cases: BPH v Public Prosecutor [2019] SGCA 64
Section 376 of the Penal Code (Cap 224, 2008 Rev Ed) (“PC”) sets out the offences of sexual assault by penetration, including those through: digital-vaginal penetration; digital-anal penetration; and fellatio. The case of Pram Nair v Public Prosecutor [2017] 2 SLR 1015 (“Pram Nair”) established a sentencing framework for cases of sexual assault through digital-vaginal penetration. However, it left open the following questions: (a) whether the Pram Nair framework should apply to other forms of sexual assault by penetration, and (b) whether there was a hierarchy of severity, for the various permutations of “sexual assault by penetration” under section 376 of the PC. The Court of Appeal answered these questions in BPH v Public Prosecutor.
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