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
I. Executive SummaryIn Takaaki Masui v Public Prosecutor and another appeal and other matters  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: Sentencing as a Science and/or Art? Takaaki Masui v Public Prosecutor  4 SLR 160
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  SGCA(I) 1
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
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  1 SLR 631
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. This was illustrated in CIMB Bank Berhad v World Fuel Services (Singapore) Pte Ltd and another appeal  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  SGCA 19
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. This power is provided for in Article 35(8) of … Continue reading Judicial Review of Prosecutorial Decisions
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  SGHC 73
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.
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.