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CLD Criminal Law Basics, OTG

Recently, the exercise of prosecutorial discretion has come to the fore in certain high-profile criminal cases. In the 2017 Annie Ee case, where an intellectually disabled woman was extensively tortured to death by her flatmates, the prosecutorial decision to charge the couple with voluntarily causing grievous hurt as opposed to murder or culpable homicide sparked heated furore amongst the community. In 2019, while reviewing the High Court’s conviction of P. Mageswaran who was charged with culpable homicide instead of murder, the Court of Appeal opined that the Prosecutor had preferredSEE DETAILS

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CLD Interest Pieces, OTG

Singapore is often extolled for being one of the safest countries with the lowest crime rates. It is almost counter-intuitive for us to imagine the existence of gangs in modern Singapore. For most of us, secret societies simply do not fit into our vision of modern Singapore. The recent arrests in Chinatown of two groups of people charged with suspected involvement as members of an unlawful society, however, might impugn our assumptions. As it turns out, while secret societies might have diminished since the 20th century, organised crime has notSEE DETAILS

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CLD Criminal Law Basics, OTG

Getting arrested is no laughing matter. For the common man, one’s knowledge of criminal proceedings is often confined to what is portrayed on television. With easy access to American television programmes, Singaporeans may be familiar with the Miranda warning – “You have the right to remain silent. Anything you say may be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you...” But how applicable is this locally when it comes to otherSEE DETAILS

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CLD Case Commentaries, OTG

In light of the recent Penal Code reforms, s 300 on murder still remains virtually the same. However, over the years legal academics have raised riveting points as to how certain provisions of s 300, in particular s 300(c) and s 300(d), are in need of reform due to questions of unfairness and redundancy. This article will aim to shed some light on these arguments and hopefully give its readers a better understanding of potential inconsistencies in the Code.S 300(c): Is it fair?As per s 300(c), any voluntary act causingSEE DETAILS

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CLD Case Commentaries, OTG

An ongoing spate of sexual or violent offences committed by university students have put Singapore’s judicial system under the spotlight. Uncharacteristically vocal in their displeasure with the criminal sentencing and judicial reasoning for these cases, the frequent invocation of the “bright” or “promising future” mitigation plea has left the community angered. Singapore’s criminal justice system has undergone an evolution of sorts. From our mandatory death penalty laws taking on a discretionary nature to amendments to the Misuse of Drugs Act emphasising the rehabilitation of recalcitrant offenders, we are seeing long-standing criminalSEE DETAILS ...

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