Differing Common Intention Charges: Public Prosecutor v Aishamudin bin Jamaludin [2020] SGCA 70

Under section 34 of the Penal Code (Cap 224, 2008 Rev Ed) (“Penal Code”), can the Prosecution charge two different people based on a common intention to commit a criminal act between them, but press a more serious charge against one accused person and a less serious charge against the other (“differing common intention charges”)? The Court of Appeal (“CA”) held that there was nothing under section 34 which required the Prosecution to bring identical charges against all who were charged pursuant to a common intention to do a criminal act. Further, there were good reasons why there was no general rule requiring the Prosecution to do so.