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2011

Research Collection Yong Pung How School Of Law

Legislation

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Full-Text Articles in Law

The Prosecution's Duty Of Disclosure In Singapore: Muhammad Bin Kadar V Public Prosecutor [2011] 3 Slr 1205, Siyuan Chen Dec 2011

The Prosecution's Duty Of Disclosure In Singapore: Muhammad Bin Kadar V Public Prosecutor [2011] 3 Slr 1205, Siyuan Chen

Research Collection Yong Pung How School Of Law

The Court of Appeal (CA) judgment in Muhammad bin Kadar v Public Prosecutor created quite a stir in Singapore. The case pertained to a murder involving two suspects, and its resolution took almost six years, with many twists and turns as to the actual facts. The CA attributed the confusion in part to questionable practices adopted by the police and the prosecution at various points in the proceedings, and reserved strong words for them in its judgment. It also established new requirements for the prosecution regarding its duty to the court to disclose relevant material not favourable to the case …


Codification, Macaulay And The Indian Penal Code [Book Review], Siyuan Chen Jan 2011

Codification, Macaulay And The Indian Penal Code [Book Review], Siyuan Chen

Research Collection Yong Pung How School Of Law

As noted (at vii) by the contributors to this book, the Indian Penal Code 1860 (Central Act 45 of 1860) (“IPC”), largely the work of Thomas Macaulay, “was the first codification of criminal law in the British Empire and is the longest serving code in the common law world.” Upon its enactment, the influential IPC was adopted in various British colonies, such as Singapore. The continuing use of legislation of such pedigree, however, brings about several problems. Any legislative inertia to update the statute from time to time will put the judiciary in a dilemma, whenever the latter is asked …