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Articles 1 - 18 of 18
Full-Text Articles in Law
Reliability And Relevance As The Touchstones For Admissibility Of Evidence In Criminal Proceedings, Siyuan Chen, Nicholas Poon
Reliability And Relevance As The Touchstones For Admissibility Of Evidence In Criminal Proceedings, Siyuan Chen, Nicholas Poon
Siyuan CHEN
The Court of Appeal in Muhammad bin Kadar v PP [2011] 3 SLR 1205 (“Kadar”) formally recognised the judicial discretion to exclude evidence as an integral part of the law on criminal evidence in Singapore. This discretion, the court held, would help ensure that all evidence coming before the court would be as reliable as possible. While this commentary agrees that the foundational basis for the exclusionary discretion doctrine is desirable, it suggests that there are difficulties with the application of the doctrine. An alternative approach that works around the difficulties is canvassed for consideration.
Knowledge And Possession Under The Misuse Of Drugs Act, Siyuan Chen, Nathaniel Khng
Knowledge And Possession Under The Misuse Of Drugs Act, Siyuan Chen, Nathaniel Khng
Siyuan CHEN
When the Court of Appeal rendered the decision of Tan Kiam Peng in 2008, it was unable to come to a conclusive determination of the correct interpretation of s. 18(2) of the Misuse of Drugs Act, a provision pertaining to the presumption of an accused’s knowledge of the nature of the controlled drugs in his possession. This issue was presented to a differently constituted Court of Appeal in Nagaenthran, which seemingly ruled in favour of the narrow interpretation of s. 18(2) as opposed to the broader interpretation. Nagaenthran, however, did not address the questions raised by Tan Kiam Peng vis-à-vis …
The Division Of Matrimonial Assets: A Mathematical Methodology As A "Check"?, Siyuan Chen
The Division Of Matrimonial Assets: A Mathematical Methodology As A "Check"?, Siyuan Chen
Siyuan CHEN
In a recent High Court decision concerning the division of matrimonial assets, the Judge developed an extensive (and somewhat mathematical) methodology “as a rough check” to his discretionary powers in determining a “just and equitable” division of the matrimonial assets. This introduced a new perspective to an exercise long considered to be impossible to be mathematically precise. This piece considers the extent of the utility of the new methodology.
Hart V Finnis: How Will Positivism And Natural Law Account For The Socio-Legal Paradigm In Wikipedia, Siyuan Chen
Hart V Finnis: How Will Positivism And Natural Law Account For The Socio-Legal Paradigm In Wikipedia, Siyuan Chen
Siyuan CHEN
There is little doubt that Wikipedia is one of the world’s most influential websites today – and its sphere of influence is set to grow in days to come. The evidence for this is strong. As of December 2010, Wikipedia is the Internet’s 6th most popular website (by virtue of the Alexa Traffic Rank), and it is also the most popular "general reference" site in cyberspace, with almost 4 million articles in the English language edition. It has been and will continue to be the flagship of Web 2.0, with every single edit being potentially scrutinised by a global audience, …
Wrongful Convictions In Singapore: A General Survey Of Risk Factors, Siyuan Chen, Eunice Chua
Wrongful Convictions In Singapore: A General Survey Of Risk Factors, Siyuan Chen, Eunice Chua
Siyuan CHEN
This article seeks to raise awareness about the potential for wrongful convictions in Singapore by analysing the factors commonly identified as contributing towards wrongful convictions in other jurisdictions, including institutional failures and suspect evidence. It also considers whether the social conditions in Singapore are favourable to discovering and publicising wrongful convictions. The authors come to the conclusion that Singapore does well on a number of fronts and no sweeping reforms are necessary However there are areas of risk viz the excessive focus on crime control rather than due process, which require some tweaking of the system.
Handbook Of Comparative Criminal Law [Book Review], Siyuan Chen
Handbook Of Comparative Criminal Law [Book Review], Siyuan Chen
Siyuan CHEN
Imagine gathering the views of some of the leading criminal law academics from around the world – traversing 16 countries, 6 continents, and 5 different legal systems, to be precise – by way of essays designed to provide an introductory framework for almost all of the major criminal law systems in the world to be compared and contrasted. This 660-page book is supposed to be a compelling manifestation of that imagination, and indeed is touted as a first of its kind in terms of the depth and breadth in coverage.
Book Review Of Codification, Macaulay And The Indian Penal Code, Siyuan Chen
Book Review Of Codification, Macaulay And The Indian Penal Code, Siyuan Chen
Siyuan CHEN
No abstract provided.
The Fundamental Question When Applying The Welfare Principle: "Who Will Be The Better Parent Or Guardian"?, Siyuan Chen
The Fundamental Question When Applying The Welfare Principle: "Who Will Be The Better Parent Or Guardian"?, Siyuan Chen
Siyuan CHEN
The welfare principle – that is, when making a custody-related decision, the best interests of the child form the first and paramount consideration – is probably one of the cardinal principles of family law in many common law jurisdictions. While the welfare principle is generally considered a wide concept with no exhaustive definition or list of factors, it is submitted that there is an important question – sometimes neglected or misunderstood – that should actually feature most prominently when applying the welfare principle, particularly when joint or no order custody orders seem impossible. The question is simply that of “who …
Prosecutorial Discretion Revisited, Siyuan Chen
Prosecutorial Discretion Revisited, Siyuan Chen
Siyuan CHEN
Quek Hock Lye is the latest of three very recent Court of Appeal decisions that addresses the constitutional challenge against the exercise of prosecutorial discretion in the context of the Misuse of Drugs Act (the other two decisions being Ramalingam Ravinthran v Attorney General and Yong Vui Kong v Public Prosecutor). In Quek Hock Lye, the appellant Q was convicted of participating in a criminal conspiracy with W and S to traffic in not less than 62.14 grams of diamorphine (thus attracting the mandatory death penalty). Before Q’s trial began, W had pleaded guilty to a separate charge of possession …
The Expanding Limits Of Prosecutorial Discretion, Siyuan Chen
The Expanding Limits Of Prosecutorial Discretion, Siyuan Chen
Siyuan CHEN
No abstract provided.
The Meaning Of Life Imprisonment In The Context Of A Presidential Commutation Order, Siyuan Chen
The Meaning Of Life Imprisonment In The Context Of A Presidential Commutation Order, Siyuan Chen
Siyuan CHEN
No abstract provided.
Void Marriages, Maintenance, And Matrimonial Assets, Siyuan Chen, Nicholas Poon
Void Marriages, Maintenance, And Matrimonial Assets, Siyuan Chen, Nicholas Poon
Siyuan CHEN
No abstract provided.
The Inadmissibility Of Unreliable Self-Inculpatory Statements, Siyuan Chen, Nicholas Poon
The Inadmissibility Of Unreliable Self-Inculpatory Statements, Siyuan Chen, Nicholas Poon
Siyuan CHEN
No abstract provided.
Natural Justice: A Case For Uniform Rigour, Siyuan Chen, Lionel Leo
Natural Justice: A Case For Uniform Rigour, Siyuan Chen, Lionel Leo
Siyuan CHEN
This note considers if there is a discernible framework in which courts resolve alleged claims of breaches of natural justice. On the one hand, once it has been ascertained that the rules of natural justice apply, the court will look at all the circumstances of the case to determine if there has been any u nfairness. On the other hand, it has been suggested th even assuming the rules of natural justice apply, there can be varying degrees of rigour in which they are enforced, a sliding scale of sorts.
Book Review Of Marital Agreements And Private Autonomy In Comparative Perspective, Siyuan Chen
Book Review Of Marital Agreements And Private Autonomy In Comparative Perspective, Siyuan Chen
Siyuan CHEN
This book takes a comparative approach to how 14 jurisdictions from around the world deal with pre-nuptial and post-nuptial marital agreements, particularly in relation to financial relations.
Recent Developments In Common Intention: Lee Chez Kee V Pp [2008] 3 Slr 447 [Case Note], Nathaniel Yong Ern Khng, Siyuan Chen
Recent Developments In Common Intention: Lee Chez Kee V Pp [2008] 3 Slr 447 [Case Note], Nathaniel Yong Ern Khng, Siyuan Chen
Siyuan CHEN
The Court of Appeal recently delivered an important judgment on liability for common intention. This criminal law doctrine has demanded clarification for some time, especially in regards to what is commonly known as “twin crime” situations, ie, situations where there is a primary criminal act as well as a collateral criminal act incidental to the main goal of the participants to the primary crime. In the “twin crime” situation, the participants would have intended to commit the primary criminal act but not all would have shared in the intention of one or more unidentified members of the group to also …
Reasonable Suspicion Or Real Likelihood: A Question Of Semantics? Re Shankar Alan S/O Anant Kulkarni, Lionel Leo, Siyuan Chen
Reasonable Suspicion Or Real Likelihood: A Question Of Semantics? Re Shankar Alan S/O Anant Kulkarni, Lionel Leo, Siyuan Chen
Siyuan CHEN
The law on apparent bias has been mired in some controversy following the High Court decision of Re Shankar Alan s/o Anant Kulkarni, where Sundaresh Menon J.C. seemingly departed from the tentative views of Andrew Phang J.C. (as he then was) in Tang Kin Hwa v. Traditional Chinese Medicine Practitioners Board on the issue of whether there were any material differences between the “reasonable suspicion of bias” test and the “real likelihood of bias” test, the two formulations of the test for apparent bias that have been variously adopted by different jurisdictions in the common law world. In Tang Kin …
The Judicial Duty To Give Reasons, Siyuan Chen, Nicholas Poon
The Judicial Duty To Give Reasons, Siyuan Chen, Nicholas Poon
Siyuan CHEN
No abstract provided.