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Full-Text Articles in Law
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 …
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.
The Expanding Limits Of Prosecutorial Discretion, Siyuan Chen
The Expanding Limits Of Prosecutorial Discretion, Siyuan Chen
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.
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.