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Full-Text Articles in Law
A Preliminary Survey Of The Right To Presumption Of Innocence In Singapore, Siyuan Chen
A Preliminary Survey Of The Right To Presumption Of Innocence In Singapore, Siyuan Chen
Research Collection Yong Pung How School Of Law
The right to presumption of innocence is said to exist in almost all criminal justice systems, including Singapore. Curiously, however, no Singapore case has ever attempted to establish the exact source and contours of this longstanding right. This is unsatisfactory, as this diminishes the meaningfulness of what is supposed to be a fundamental right in the criminal justice process. The primary aim of this article is thus to conduct a preliminary survey of the law on the presumption of innocence in Singapore. It begins by proposing the Woolmington conception as a workable starting point, but posits a guiding principle to …
Taking Crime Out Of Crime Business, Mark James Findlay, Nafis Hanif
Taking Crime Out Of Crime Business, Mark James Findlay, Nafis Hanif
Research Collection Yong Pung How School Of Law
It is one thing to assert that conventional market analysis is critically useful in understanding criminal enterprise. It is more challenging to suggest that corrupt and compromised legal regulation interacts with other critical market variables to maximise market advantage for crime business in a similar manner to legitimate regulatory forces in their protection and enhancement of legitimate business enterprise. The central argument of this paper is that crime business mirrors other business forms when considered in terms of critical market variables, and that in particular regulatory forces when inverted from their original purposes can influence market conditions in the same …
‘The Messaging Effect’: Eliciting Credible Historical Evidence From Victims Of Mass Crimes, Mahdev Mohan
‘The Messaging Effect’: Eliciting Credible Historical Evidence From Victims Of Mass Crimes, Mahdev Mohan
2008 Asian Business & Rule of Law initiative
No abstract provided.
Reliability And Relevance As The Touchstones For Admissibility Of Evidence In Criminal Proceedings: Muhammad Bin Kadar V Pp [2011] 3 Slr 1205 [Case Note], Siyuan Chen
Research Collection Yong Pung How School Of Law
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.
Reforming The Right To Legal Counsel In Singapore, Jack Tsen-Ta Lee
Reforming The Right To Legal Counsel In Singapore, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
This is an opinion prepared for the Criminal Law Committee of the Law Society of Singapore on an arrested person’s right to legal counsel in Singapore. Specifically, it deals with the following: (1) it summarizes pertinent aspects of the law relating to the right to legal counsel in Singapore; (2) it surveys a number of ASEAN and Commonwealth jurisdictions to determine how long after apprehension the right to counsel is generally accorded to arrested persons, and compares the legal position in these jurisdictions to the situation in Singapore; and (3) it examines two rights ancillary to the right to legal …
Sham Of The Moral Court? Testimony Sold As The Spoils Of War, Mark Findlay, Sylvia Ngane
Sham Of The Moral Court? Testimony Sold As The Spoils Of War, Mark Findlay, Sylvia Ngane
Research Collection Yong Pung How School Of Law
This paper analyses the critical influences on witness-based truth-telling for judicial decision-making in the international criminal tribunals. The judicial fixation on witness testimony reflects the weight and legitimacy given to personal testimony before international courts. This weight must be balanced by the awareness that a witness may provide false testimony intentionally, or may be coaxed by third parties to provide such testimony, as has been evidenced recently before the ICC. If witness testimony is tainted then its capacity to endorse the truth-finding function of the court is compromised. As a consequence the ability to assert that the tribunal is a …
Travels Of The Criminal Question: Cultural Embeddedness And Diffusion [Book Review], Mark Findlay
Travels Of The Criminal Question: Cultural Embeddedness And Diffusion [Book Review], Mark Findlay
Research Collection Yong Pung How School Of Law
No abstract provided.
The Expanding Limits Of Prosecutorial Discretion: Ramalingam Ravinthran V Attorney-General [2012] Sgca 2, Siyuan Chen
The Expanding Limits Of Prosecutorial Discretion: Ramalingam Ravinthran V Attorney-General [2012] Sgca 2, Siyuan Chen
Research Collection Yong Pung How School Of Law
The applicant was convicted of drug trafficking under the Misuse of Drugs Act and sentenced to hang. His appeal to the Court of Appeal was unsuccessful, but he filed a Criminal Motion to reopen judgment. He alleged a violation of his right to equality guaranteed by the Constitution of the Republic of Singapore; the alleged violation occurred when another accused who was involved in the same criminal enterprise (both had trafficked the same bag containing the drugs) was charged with trafficking in an amount of drugs quantified just below the threshold for the mandatory death penalty, while the accused was …
Possession And Knowledge In The Misuse Of Drugs Act: Nagaenthran A/L K Dharmalingam V. Public Prosecutor, Siyuan Chen, Nathaniel Poon-Ern Khng
Possession And Knowledge In The Misuse Of Drugs Act: Nagaenthran A/L K Dharmalingam V. Public Prosecutor, Siyuan Chen, Nathaniel Poon-Ern Khng
Research Collection Yong Pung How School Of Law
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 …