Criminal Law - Consolidation notes Final 24.09.24 CLEAN.docx

Criminal Law ============ - Topics covered: 1. **Preliminary matters** - Court procedure, appeals, Trial (PG), Sentencing Framework and Principles, Prosecution (Role, duty and discretion) 2. Elements of an Offence and Strict Liability - Acts, omission...

Criminal Law ============ - Topics covered: 1. **Preliminary matters** - Court procedure, appeals, Trial (PG), Sentencing Framework and Principles, Prosecution (Role, duty and discretion) 2. Elements of an Offence and Strict Liability - Acts, omissions, voluntariness, automatism (insanity defence), causation, strict liability (inc. defence), murder and culpable homicide 3. Negligence, Recklessness & Rashness - Punishment, death by rash/negligent act, hurt and grievous hurt, defences 4. Offences Requiring Knowledge - General and specific knowledge, wilful blindness test, murder 300d test and punishment, drugs 5. Crimes of Violence - Private defence, sudden defence, unsoundness of mind (insanity), diminish responsibility, intoxication, provocation, sudden fight 6. Abetment and Attempts - Abetment, conspiracy, instigate, assist, attempts (inc. murder, culpable homicide, suicide) and their punishment 7. Joint Liability - Others such as riots, unlawful assembly etc - Tips 8. Jurisdiction Must be in Singapore or Singapore regulated aircraft and **not embassy** Topic 1: Preliminary matters 1. **Introduction to the Trial Process and Appeals** a. In Singapore there is no trial by jury. b. An offence is tried before a magistrate, district judge or High Court judge depending on how serious it is. c. The General Division of the High Court may try all offences. \[Supreme Court of Judicature Act 1969 s.15\] d. The State Courts (viz, the Magistrate's Court or District Court) may only try offences within their jurisdiction, which is set out in the Criminal Procedure Code. \[State Court Act s.50\] 2. **Criminal Court Procedure** e. In general terms, the prosecution will prefer a charge against the accused setting out the offence. f. There will usually (though not invariably) also be a statement of facts annexed to the charge. g. Pleading/Start: i. The accused may elect to plead guilty, in which case the judge convicts him and proceeds to sentencing. (**Note** however that in [capital cases the judge will usually reject a plea of guilt] and require the prosecution to prove its case). ii. If the accused chooses not to plead guilty, the prosecution is obliged to adduce evidence to prove the facts relied upon. h. Middle: iii. The golden rule is that the prosecution must prove the facts beyond reasonable doubt. iv. After the prosecution has closed its case, the defence may lead evidence. i. End: v. At the end of the trial the **judge must decide whether the charge has been proven beyond reasonable doubt.** 1. If there is any reasonable doubt in his mind, the accused is entitled to be acquitted. a. **Acquittal** does not necessarily mean that the judge considers the accused to be innocent of the crime; all it **means is that the case has not been proven to the standard required**. 2. If the accused is convicted, the judge then proceeds to sentence him. b. In general, the judge has a discretion regarding sentences, within the limits provided in the relevant statute. j. **Appeal** At the conclusion of the case the prosecution or defence may appeal. vi. An appeal may be against conviction or sentence or both (however, an accused who has pleaded guilty may generally only appeal against sentence). 3. An appeal lies from the State Courts to the General Division of the High Court exercising appellate jurisdiction (Supreme Court of Judicature Act 1969, s19((a)) 4. Appeals from the General Division of the High Court exercising original jurisdiction are heard by the Court of Appeal (Supreme Court of Judicature Act 1969, s60D((a)) vii. On appeal, the appellate court may affirm or reverse the decision of the lower court, whether wholly or in part. 3. Trial or No Trial? k. Accused admit + plead guilty (PG) + Statement of Facts No trial viii. If PG, accused may have a lesser sentence/discount due to incentive since now it means that (a) less cost (b) less time (c ) indication of remorse ix. If accused PG, can only appeal sentence and not conviction l. Accused don't admit + NO PG Trial x. In guilty pleas, the accused must know all the facts on the basis of which he pleaded guilty. xi. Defendant must not manufacture facts (even if they ask you) m. End Judge can only convict or acquit move to Sentencing xii. If accused is acquitted, Prosecution may appeal to High Court 5. Prosecution may on appeal against conviction and sentence 4. Who are the prosecuting authorities? n. Attorney General Chambers (AGC), Departmental Prosecutor (N-Parks) xiii. AGC charges individuals and represented by Assistant/Deputy Public Prosecutor \[DPP\] -- Constitution of the Republic of Singapore, Art 35 and Art 35A 5. Sentencing Framework/Flowchart to charge and sentence. o. When deciding whether or not to charge a person and what sentence to ask for, a good prosecutor should consider the following: xiv. [What happened?] The basic facts will have been summarized by the Investigating Officer in the Investigation Paper (IP) but the DPP may need more information. xv. On the basis of the facts, [has there been an offence?] This will require general knowledge of various offences. The more experienced the DPP, the better he should be at this (one hopes). \[If there is an offence, what is the offence?\] xvi. [Can the facts be proven?] It is one thing to know what happened, quite another to prove it in court. Sometimes witnesses suffer from selective amnesia or just refuse to testify. Theoretically, a witness can be compelled to testify. In practice a reluctant witness is often worse than useless. \[Evidence law\] xvii. [Should there be a prosecution?] This requires an appreciation of public policy applied to the circumstances of the case. Moral intuition often guides the decision. xviii. [What sentence is appropriate?] The DPP must decide which of the sentencing considerations are relevant. \[if PP decide to prosecute\] 6. Sentencing Principles Why do we need them? p. Protection of the public (Imprisonment, disqualification, capital punishment ) q. Deterrence (discourage people from doing it either by Specific and General to offender) r. Retribution (consequences of breaking the law or ppl feel that justice has not been done) s. Denunciation (show that certain action that are not acceptable/tolerated in out society) t. Rehabilitation (give offender 2^nd^ chance such as short detention order, community orders and conditional warning) 7. **[All about Prosecution]** u. **Function of the Prosecution** xix. The function of the prosecution is to assist the judge to pass an appropriate sentence xx. At the sentencing stage, the prosecution will make submissions as to the appropriate sentence in the light of precedent, highlighting any aggravating or mitigating factors. xxi. Prosecution must present all the relevant materials to enable the Court to come to its own conclusion as to what the just sentence should be. xxii. **All the relevant facts must be proven beyond a reasonable doubt**; and in *guilty pleas, the accused must know all the facts on the basis of which he pleaded guilty.* v. Role of the Prosecutor \[Sundaresh Menon at *K Saravanan Kuppusamy v Public Prosecutor* \[2016\] SGHC 166 (High Court)\] xxiii. 34... **The Prosecution owes a duty to the Court and to the wider public to ensure** that the **factually guilty and only the factually guilty are convicted**, and that **all relevant material is placed before the Court to assist** it in its determination of the truth. This **duty extends to the stage of sentencing where the Prosecution should place all the relevant facts of the offence and the offender before the Court**. Furthermore, the **Prosecution should always be prepared to assist the Court on any issues of sentencing.** w. **What Prosecution MUST look at every case:** xxiv. The relevant sentencing precedents, benchmarks and guidelines; xxv. The relevant facts and circumstances of the offence and of the offender that inform where in the range of sentences the case at hand may be situated; xxvi. The offender's suitability and other relevant considerations that may bear upon whether particular sentencing options that might be available should be invoked; xxvii. The relevant aggravating and mitigating considerations; xxviii. The relevant considerations that pertain to aggregating sentences\[;\] xxix. Any particular interest or consideration that is relevant and that pertains to the victim; and xxx. Where it may be appropriate to order compensation to be paid to the victim, the relevant considerations (including the appropriate quantum). x. **[Prosecutorial Discretion ]** xxxi. Under **the Constitution, the Public Prosecutor has full discretion over the initiation and conduct of criminal proceedings**. This is known as prosecutorial discretion. In general, **the courts cannot interfere with the Public Prosecutor's discretion.** 6. Constitution of the Republic of Singapore, Art 35(8): *The Attorney-General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for any offence.* xxxii. Certain aspects of the Public Prosecutor's discretion have now been [codified in Criminal Procedure Code Part 7A,] which covers deferred prosecution agreements. xxxiii. Defence can make representations to Prosecution y. Others: xxxiv. Mistake of law or ignorance of law not defence or an excuse -- s.79A +-----------------+-----------------+-----------------+-----------------+ | Legislation | Section | Statute | Others | +=================+=================+=================+=================+ | Penal code | 32 | Words referring | What is an | | | | to acts include | illegal | | | | illegal | omission | | | | omissions - In | | | | | every part of | | | | | this Code, | | | | | except where a | | | | | contrary | | | | | intention | | | | | appears from | | | | | the context, | | | | | words which | | | | | refer to acts | | | | | done extend | | | | | also to illegal | | | | | omissions | | +-----------------+-----------------+-----------------+-----------------+ | | 43 | "Illegal", | | | | | "unlawful" and | | | | | "legally bound | | | | | to do" -- The | | | | | word "illegal" | | | | | or "unlawful" | | | | | is applicable | | | | | to every thing | | | | | which is an | | | | | offence, or | | | | | which is | | | | | prohibited by | | | | | law, or which | | | | | furnishes | | | | | ground for a | | | | | civil action: | | | | | and a person is | | | | | said to be | | | | | "legally bound | | | | | to do" whatever | | | | | it is illegal | | | | | or unlawful in | | | | | him to omit. | | +-----------------+-----------------+-----------------+-----------------+ | | 26c | A person is | Meaning of | | | | said to do an | intention | | | | act | | | | | intentionally | | | | | where that | | | | | person does an | | | | | act | | | | | deliberately. | | +-----------------+-----------------+-----------------+-----------------+ | | 80 | **Accident in | Meaning of | | | | the doing of a | Accident | | | | lawful act** -- | | | | | Nothing is an | | | | | offence which | | | | | is done by | | | | | accident or | | | | | misfortune, and | | | | | without any | | | | | criminal | | | | | intention or | | | | | knowledge, in | | | | | the doing of a | | | | | lawful act in a | | | | | lawful manner, | | | | | by lawful | | | | | means, and with | | | | | proper care and | | | | | caution. | | +-----------------+-----------------+-----------------+-----------------+ | | 121 | **Waging or | | | | | attempting to | | | | | wage war or | | | | | abetting the | | | | | waging of war | | | | | against the | | | | | Government** -- | | | | | Whoever wages | | | | | war against the | | | | | Government, or | | | | | attempts to | | | | | wage such war, | | | | | or abets the | | | | | waging of such | | | | | war, shall be | | | | | punished with | | | | | death, or with | | | | | imprisonment | | | | | for life and | | | | | shall, if he is | | | | | not sentenced | | | | | to death, also | | | | | be liable to | | | | | fine | | +-----------------+-----------------+-----------------+-----------------+ | Penal code 1871 | 33 | **"Act" and | *Illustration* | | | | "omission"** | | | | | | A gives Z small | | | | 33.---(1) The | doses of poison | | | | word "act" | in Z's food at | | | | denotes as well | different times | | | | a series of | over the course | | | | acts as a | of a few days, | | | | single act; the | with intent to | | | | word "omission" | kill Z. Z dies | | | | denotes as well | from poisoning, | | | | a series of | although it is | | | | omissions as a | not known which | | | | single | of those doses | | | | omission. | (individually | | | | | or | | | | \(2) To avoid | collectively) | | | | doubt, where | caused Z's | | | | a person does | death. A has | | | | a series of | caused Z's | | | | acts, one or | death by | | | | more of which | poisoning. | | | | caused a | | | | | certain | | | | | effect, that | | | | | person is | | | | | regarded to | | | | | have caused | | | | | that effect | | | | | by that | | | | | series of | | | | | acts even if | | | | | it is not | | | | | known which | | | | | of the acts | | | | | in that | | | | | series caused | | | | | that effect. | | +-----------------+-----------------+-----------------+-----------------+ | | 22A | 22A.---(1) A | What is a fault | | | | fault element | element or | | | | of an offence | physical | | | | refers to any | element | | | | state of mind, | | | | | proof of which | - Actus reus | | | | is needed to | | | | | establish | | | | | liability under | | | | | that offence, | | | | | including but | | | | | not limited to | | | | | intention, | | | | | wilfulness, | | | | | knowledge, | | | | | rashness and | | | | | negligence. | | | | | | | | | | \(2) A | | | | | physical | | | | | element of an | | | | | offence | | | | | refers to any | | | | | fact, proof | | | | | of which is | | | | | needed to | | | | | establish | | | | | liability | | | | | under that | | | | | offence, and | | | | | that is not a | | | | | fault element | | | | | of that | | | | | offence | | +-----------------+-----------------+-----------------+-----------------+ | Evidence Act | 103 | **Burden of | | | | | proof** - | | | | | Whoever desires | | | | | any court to | | | | | give judgment | | | | | as to any legal | | | | | right or | | | | | liability, | | | | | dependent on | | | | | the existence | | | | | of facts which | | | | | the person | | | | | asserts, must | | | | | prove that | | | | | those facts | | | | | exist. | | +-----------------+-----------------+-----------------+-----------------+ | | 107 | Burden of | | | | | proving that | | | | | case of accused | | | | | comes within | | | | | exceptions | | +-----------------+-----------------+-----------------+-----------------+ Topic 2: Elements of an Offence and Strict Liability 1. Acts a. Omission -- 'Words referring to acts include illegal omissions' - See S 32 above b. Every offence is created by statute in Singapore. No more common law offenses in Singapore. c. All cases of murder (300) have culpable homicide (299) however all elements in the statute must be considered d. Motive is irrelevant to guilt e. No offence of 2. Omission -- S 202 and S 33 'Act" and "omission' 3. Voluntariness f. Accused person entitled to be acquitted. 4. Automatism (volunteriness) g. **What is it?** A defence h. **Type 1** - Insanity/unsoundness of mind -- See S 84 (1)(c) specifically for automatism i. Accused can't control actions due to an unsound mind **Consequences**: Acquitted but detain in a lifetime detention 1. CPC s.251 and s.252 (consequence of using this defence) Full defence ii. Needs expert evidence to prove it. i. **Type 2** -- Sane -- Not in penal code. iii. E.g Epileptic, night terrors etc. j. Accident -- S 80 for definition above 5. Causation \[Factual vs Legal causation\] must have fact before law k. **What is causation?** Causation is used to determine whether a particular action or event directly led to a specific outcome, like harm or damage. There are two main parts to causation: \"factual causation\" and \"legal causation.\" iv. **Type 1: Factual (the 'but for' test)** This is about whether the action or event was the actual cause of the result. 2. For example, let's say someone was hurt because another person was careless. To use the \'but for\' test, you would ask, \"But for the careless action, would the person have been hurt?\" If the answer is \"no,\" then the careless action was likely the cause of the harm. v. **Type 2: Legal (*Nickson Huey*)** This is about whether it's fair to hold someone responsible for the outcome. 3. Look at intervening act 4. Even if the victim is at fault, can't split causation. 5. **Test**: Whether there is **sufficient nexus** between the action and the acts of the accused matter for judge a. Sometimes, even if an action caused harm, the law might decide that it's not fair to blame someone if the harm was too indirect or if there were other factors that contributed more significantly. 6. Strict Liability l. Definition -- see 26h vi. Must exercise reasonable care when defending -- S 26h4 vii. Defence of mistake (Only mistake of fact allowed NOT LAW!)-- s 79(1) (SA of minor below 16 - 376A / 376B Commercial sex with minors) 6. Mistake of law is not a defence -- S 79A 7. Mistake to age is not a defence in a sexual offence -- S 377D m. Is there a fault element? Here, accused need to know that [they are at fault! \[Knowledge requirement\]] 7. Non-concurrence n. In simpler terms, in Singapore's legal system, [if someone doesn't have both the action and the intention matching up], it can lead to an issue of non-concurrence. This means they might not be found guilty of the crime they're being accused of, because the law needs both parts to be in agreement to establish guilt. viii. Imagine a person accidentally causes harm to someone without meaning to. The \"actus reus\" (the harm caused) is there, but the \"mens rea\" (the intention to cause harm) isn't. If the law requires both parts to be present for a specific crime, then the lack of alignment means that person might not be guilty of that crime. 8. if someone does a series of connected actions, like taking things from different places in a short time, the rule helps decide if all those actions should be treated as one big thing they did or if each action should be looked at separately. ix. False/No concurrence i.e Victim dies after the blow (no concurrence issue if it is a single action) x. See *Wang Wenfeng v PP* \[2012\] 4 SLR 590 +-----------------+-----------------+-----------------+-----------------+ | Legislation | Section | Statute | Others | +=================+=================+=================+=================+ | Penal Code | 202 | **Intentional | **Elements**: | | | | omission** **to | (a) believe an | | | | give | offence has | | | | information of | been committed | | | | an offence, by | (b) knows an | | | | person bound to | offence has | | | | inform** - | been committed | | | | Whoever, | (c) he is | | | | knowing or | legally bound | | | | having reason | to give | | | | to believe that | information (d) | | | | an offence has | intentionally | | | | been committed, | omits to give | | | | intentionally | any information | | | | omits to give | | | | | any information | | | | | respecting that | | | | | offence which | | | | | he is legally | | | | | bound to give, | | | | | shall be | | | | | punished with | | | | | imprisonment | | | | | for a term | | | | | which may | | | | | extend to 6 | | | | | months, or with | | | | | fine, or with | | | | | both. | | +-----------------+-----------------+-----------------+-----------------+ | | 299 | **Culpable | - **Elements* | | | | Homicide** - | *: (a) | | | | Whoever causes | V is | | | | **death** by | dead, (b) | | | | doing an act | Accused | | | | with the | caused V | | | | intention of | death (c) | | | | causing death, | Intended to | | | | or with the | cause | | | | intention of | death/morta | | | | causing such | l | | | | bodily injury | injury (d) | | | | as is likely to | knew he was | | | | cause death, or | likely to | | | | with the | cause death | | | | knowledge that | | | | | he is likely by | | | | | such act to | | | | | cause death, | | | | | commits the | | | | | offence of | | | | | culpable | | | | | homicide. | | +-----------------+-----------------+-----------------+-----------------+ | | 300 | Except in the | - See 2A | | | | cases | Interpretat | | | | hereinafter | ion | | | | excepted | Act for - | | | | culpable | determining | | | | homicide is | **death** | | | | murder --- | | | | | | - When | | | | \(a) if the | culpable | | | | act by which | homicide is | | | | the death is | not murder | | | | caused is | | | | | done with the | - | | | | intention of | | | | | causing | | | | | death; | | | | | | | | | | \(b) if it is | | | | | done with the | | | | | intention of | | | | | causing such | | | | | bodily injury | | | | | as the | | | | | offender | | | | | knows to be | | | | | likely to | | | | | cause the | | | | | death of the | | | | | person to | | | | | whom the harm | | | | | is caused; | | | | | | | | | | \(c) if it is | | | | | done with the | | | | | [intention of | | | | | causing | | | | | bodily | | | | | injury]{.underl | | | | | ine} | | | | | to any | | | | | person, and | | | | | the bodily | | | | | injury | | | | | intended to | | | | | be inflicted | | | | | is | | | | | [sufficient | | | | | in the | | | | | ordinary | | | | | course of | | | | | nature to | | | | | cause | | | | | death]{.underli | | | | | ne}; | | | | | or | | | | | | | | | | \(d) if the | | | | | person | | | | | committing | | | | | the [act | | | | | knows that it | | | | | is so | | | | | imminently | | | | | dangerous | | | | | that it must | | | | | in all | | | | | probability | | | | | cause | | | | | death,]{.underl | | | | | ine} | | | | | or such | | | | | bodily injury | | | | | as is likely | | | | | to cause | | | | | death, and | | | | | commits such | | | | | act without | | | | | any excuse | | | | | for incurring | | | | | the risk of | | | | | causing | | | | | death, or | | | | | such injury | | | | | as aforesaid. | | +-----------------+-----------------+-----------------+-----------------+ | | 302 | 1. Whoever | **Why**? 300a | | | | commits | as act is too | | | | murder | vicious/outrage | | | | within the | community | | | | meaning of | | | | | section | **How to | | | | [300(a) | appeal?** | | | | shall be | | | | | punished | Petition for | | | | with | clemency from | | | | death.]{.un | the President | | | | derline} | for the death | | | | | penalty | | | | 2. Whoever | | | | | commits | | | | | murder | | | | | within the | | | | | meaning of | | | | | section | | | | | **300(b), ( | | | | | c) | | | | | or (d)** | | | | | shall be | | | | | punished | | | | | *with death | | | | | or | | | | | imprisonmen | | | | | t | | | | | for life* | | | | | and shall, | | | | | if he is | | | | | not | | | | | punished | | | | | with death, | | | | | also be | | | | | liable to | | | | | caning | | +-----------------+-----------------+-----------------+-----------------+ | | 304 | **Punishment | | | | | for culpable | | | | | homicide not | | | | | amounting to | | | | | murder** | | | | | | | | | | Whoever commits | | | | | culpable | | | | | homicide not | | | | | amounting to | | | | | murder shall | | | | | --- | | | | | | | | | | a. if the act | | | | | by which | | | | | death is | | | | | caused is | | | | | done with | | | | | the | | | | | intention | | | | | of causing | | | | | death, or | | | | | of causing | | | | | such bodily | | | | | injury as | | | | | is likely | | | | | to cause | | | | | death, be | | | | | punished | | | | | with --- | | | | | | | | | | a. [impris | | | | | onment | | | | | for | | | | | life]{. | | | | | underline}, | | | | | and | | | | | shall | | | | | also be | | | | | liable | | | | | to | | | | | [caning | | | | | ]; | | | | | or | | | | | | | | | | b. impriso | | | | | nment | | | | | for a | | | | | [term | | | | | which | | | | | may | | | | | extend | | | | | to 20 | | | | | years, | | | | | and | | | | | shall | | | | | also be | | | | | liable | | | | | to fine | | | | | or to | | | | | caning; | | | | | ] | | | | | or | | | | | | | | | | b. if the act | | | | | is done | | | | | with the | | | | | knowledge | | | | | that it is | | | | | likely to | | | | | cause | | | | | death, but | | | | | without any | | | | | intention | | | | | to cause | | | | | death, or | | | | | to cause | | | | | such bodily | | | | | injury as | | | | | is likely | | | | | to cause | | | | | death, be | | | | | punished | | | | | with | | | | | imprisonmen | | | | | t | | | | | for a term | | | | | which may | | | | | extend to | | | | | 15 years, | | | | | or with | | | | | fine, or | | | | | with | | | | | caning, or | | | | | with any | | | | | combination | | | | | of such | | | | | punishments | | | | |. | | +-----------------+-----------------+-----------------+-----------------+ | | 300exp7 | When culpable | - Diminish | | | | homicide is not | responsibil | | | | murder- | ity | | | | | (DR) -- IMH | | | | Culpable | doctors | | | | homicide is not | will have | | | | murder if the | to evaluate | | | | offender was | then | | | | suffering from | Prosecutor | | | | such | will ask | | | | abnormality of | for DR | | | | mind (whether | | | | | arising from a | - 3 elements | | | | (i) condition | in red | | | | of arrested or | | | | | retarded | See case law | | | | development of | | | | | mind or (ii) | | | | | any inherent | | | | | causes or (iii) | | | | | induced by | | | | | disease or | | | | | injury) as | | | | | substantially | | | | | impaired his | | | | | mental | | | | | responsibility | | | | | for his acts | | | | | and omissions | | | | | in causing the | | | | | death or being | | | | | a party to | | | | | causing the | | | | | death | | +-----------------+-----------------+-----------------+-----------------+ | | 79 | **Act done by a | - Defence of | | | | person | mistake -- | | | | justified, or | See Strict | | | | by mistake of | Liability | | | | fact believing | 26h | | | | himself | | | | | justified by | | | | | law** - Nothing | | | | | is an offence | - 'good | | | | which is done | faith' -- | | | | by any person | see 26b | | | | who is | | | | | justified by | - See other | | | | law, or who by | 79b/c/d | | | | reason of a | below for | | | | mistake of fact | *illustrati | | | | and not by | ons* | | | | reason of a | | | | | mistake of law | | | | | in good faith | | | | | believes | | | | | himself to be | | | | | justified by | | | | | law, in doing | | | | | it. | | +-----------------+-----------------+-----------------+-----------------+ | | 376A | **Sexual | Strict | | | | penetration of | liability -- | | | | minor under | see 26h | | | | 16** | | | | | | | | | | 376A.---(1) Any | | | | | person (A) who | | | | | --- | | | | | | | | | | a. penetrates, | | | | | with A's | | | | | penis, the | | | | | vagina, | | | | | anus or | | | | | mouth, as | | | | | the case | | | | | may be, of | | | | | a person | | | | | below 16 | | | | | years of | | | | | age (B); | | | | | | | | | | b. sexually | | | | | penetrates, | | | | | with a part | | | | | of A's body | | | | | (other than | | | | | A's penis, | | | | | if a man) | | | | | or anything | | | | | else, the | | | | | vagina or | | | | | anus, as | | | | | the case | | | | | may be, of | | | | | a person | | | | | below 16 | | | | | years of | | | | | age (B); | | | | | | | | | | c. causes a | | | | | man below | | | | | 16 years of | | | | | age (B) to | | | | | penetrate, | | | | | with B's | | | | | penis, the | | | | | vagina, | | | | | anus or | | | | | mouth, as | | | | | the case | | | | | may be, of | | | | | another | | | | | person | | | | | including | | | | | A; or | | | | | | | | | | d. causes a | | | | | person | | | | | below 16 | | | | | years of | | | | | age (B) to | | | | | sexually | | | | | penetrate, | | | | | with a part | | | | | of B's body | | | | | (other than | | | | | B's penis, | | | | | if a man) | | | | | or anything | | | | | else, the | | | | | vagina or | | | | | anus, as | | | | | the case | | | | | may be, of | | | | | any person | | | | | including A | | | | | or B, | | | | | | | | | | shall be guilty | | | | | of an offence | | +-----------------+-----------------+-----------------+-----------------+ | | 376B | Commercial sex | Strict | | | | with minor | liability -- | | | | under 18 | see 26h | | | | (prostitution) | | | | | | | | | | **376B.**---(1) | | | | |   Any | | | | | person who | | | | | obtains for | | | | | consideration | | | | | the sexual | | | | | services of a | | | | | person, who is | | | | | below 18 years | | | | | of age, shall | | | | | be punished | | | | | with | | | | | imprisonment | | | | | for a term | | | | | which may | | | | | extend to | | | | | 7 years, or | | | | | with fine, or | | | | | with both. | | | | | | | | | | \(4) In this | | | | | section, | | | | | "sexual | | | | | services" | | | | | means any | | | | | sexual | | | | | services | | | | | involving --- | | | | | | | | | | a. sexual | | | | | penetration | | | | | of the | | | | | vagina or | | | | | anus, as | | | | | the case | | | | | may be, of | | | | | a person by | | | | | a part of | | | | | another | | | | | person's | | | | | body (other | | | | | than the | | | | | penis) or | | | | | by anything | | | | | else; | | | | | | | | | | b. penetration | | | | | of the | | | | | vagina, | | | | | anus or | | | | | mouth, as | | | | | the case | | | | | may be, of | | | | | a person by | | | | | a man's | | | | | penis; or | | | | | | | | | | c. touching | | | | | which is | | | | | sexual of | | | | | another | | | | | person or | | | | | of himself | | | | | or herself. | | +-----------------+-----------------+-----------------+-----------------+ | | 2A | **Criteria for | | | | | determining | | | | | death** -- For | | | | | all purposes, a | | | | | person has died | | | | | when there has | | | | | occurred either | | | | | --- | | | | | | | | | | a. irreversibl | | | | | e | | | | | cessation | | | | | of | | | | | circulation | | | | | of blood | | | | | and | | | | | respiration | | | | | in the body | | | | | of the | | | | | person; or | | | | | | | | | | total and | | | | | irreversible | | | | | cessation of | | | | | all functions | | | | | of the brain of | | | | | the person | | +-----------------+-----------------+-----------------+-----------------+ | Interpretation | 26h | An **offence of | Definition of | | Act | | strict | Strict | | | | liability** | Liability | | | | under this Code | | | | | or any written | | | | | law is one | | | | | where, for | | | | | every physical | | | | | element of the | | | | | offence, there | | | | | is no | | | | | corresponding | | | | | fault element. | | +-----------------+-----------------+-----------------+-----------------+ | Penal Code 1871 | 26h4 | It is **a | - Defence got | | | | defence for any | Strict | | | | person charged | Liability | | | | with a strict | | | | | liability** | - See 79 (1) | | | | offence **to | for | | | | prove that in | 'defence of | | | | committing all | mistake' | | | | the acts or | | | | | omissions** | | | | | that are | | | | | physical | | | | | elements of the | | | | | offence, he | | | | | exercised | | | | | reasonable care | | +-----------------+-----------------+-----------------+-----------------+ | | 26b | Good faith - | See 79 -- | | | | Nothing is said | mistake of fact | | | | to be done or | only | | | | believed in | | | | | good faith | | | | | which is done | | | | | or believed | | | | | without due | | | | | care and | | | | | attention. | | +-----------------+-----------------+-----------------+-----------------+ | | 79A | A person's | | | | | mistake of law | | | | | or ignorance of | | | | | the law is not | | | | | a defence to a | | | | | charge for an | | | | | offence unless | | | | | it is otherwise | | | | | provided by | | | | | written law. | | +-----------------+-----------------+-----------------+-----------------+ | | 84 | **Act of person | *Illustration* | | | | of unsound | | | | | mind** | A, while | | | | | labouring under | | | | \(1) Nothing | a delusion, | | | | is an offence | believes that | | | | which is done | he has received | | | | by a person | divine | | | | who, at the | instructions to | | | | time of doing | kill Z and that | | | | it, by reason | it is morally | | | | of | right for him | | | | unsoundness | to do so. A | | | | of mind, is | however knows | | | | --- | that it is | | | | | contrary to law | | | | (2) Subsection | to kill Z. A | | | | (1)(b) applies | kills Z. Here, | | | | only if the | the defence of | | | | person is | unsoundness of | | | | incapable of | mind is not | | | | knowing that | available to A | | | | his act --- | as he is | | | | | capable of | | | | \(a) is wrong | knowing that it | | | | by the | is contrary to | | | | ordinary | law to kill Z | | | | standards of | | | | | reasonable | | | | | and honest | | | | | persons; and | | | | | | | | | | \(b) is wrong | | | | | as contrary | | | | | to law. | | +-----------------+-----------------+-----------------+-----------------+ | | 377D | **Mistake as to | *The fact that | | | | age in sexual | the minor was | | | | offences** | observed to be | | | | | participating | | | | 1. Subject to | in activities | | | | subsections | which are | | | | (2) | restricted to | | | | and (3) and | persons of or | | | | despite | above 18 years | | | | section 79, | of age, such as | | | | a | smoking a | | | | reasonable | cigarette or | | | | mistake as | admission to | | | | to the age | premises with | | | | of a person | access | | | | cannot be a | restricted to | | | | defence to | persons of or | | | | any charge | above 18 years | | | | for a | of age (such as | | | | sexual | a nightclub) is | | | | offence. | neither | | | | | sufficient to | | | | 2. \(2) The | constitute a | | | | presence of | reasonable | | | | a | basis for the | | | | reasonable | mistaken belief | | | | mistaken | nor reasonable | | | | belief that | steps to verify | | | | a | that minor's | | | | minor was o | age.* | | | | f | | | | | or above 18 | | | | | years of ag | | | | | e | | | | | is a valid | | | | | defence to | | | | | a | | | | | charge for | | | | | a | | | | | sexual | | | | | offence whe | | | | | re | | | | | the fact th | | | | | at | | | | | a minor is | | | | | of | | | | | or above 16 | | | | | years of ag | | | | | e | | | | | but below 1 | | | | | 8 | | | | | years of ag | | | | | e | | | | | is a physic | | | | | al | | | | | element of | | | | | the offence | | | | |. | | +-----------------+-----------------+-----------------+-----------------+ | Criminal | 251 | **Acquittal on | See S 84 | | Procedure Code | | ground of | unsoundness of | | (CPC) | | unsound mind** | mind | | | | - If an accused | | | | | is acquitted by | | | | | operation of | | | | | section 84 of | | | | | the Penal Code | | | | | 1871, the | | | | | finding must | | | | | state | | | | | specifically | | | | | whether he or | | | | | she committed | | | | | the act or not | | +-----------------+-----------------+-----------------+-----------------+ | | 252 | **Safe custody | - See S 84 | | | | of person | Unsoundness | | | | acquitted** -- | of mind | | | | 'order that the | above | | | | person | | | | | concerned | - Acquitted | | | | (called in this | goes to IMH | | | | section the | | | | | subject) be | | | | | kept in safe | | | | | custody in a | | | | | psychiatric | | | | | institution, a | | | | | prison or any | | | | | other suitable | | | | | place of safe | | | | | custody,' | | +-----------------+-----------------+-----------------+-----------------+ | | 424 | **Duty to give | - | | | | information of | | | | | certain | | | | | matters** | | | | | | | | | | Every person | | | | | aware of the | | | | | commission of | | | | | or the | | | | | intention of | | | | | any other | | | | | person to | | | | | commit any | | | | | arrestable | | | | | offence | | | | | punishable | | | | | under Chapters | | | | | 6, 7, 8, 12 and | | | | | 16 of the Penal | | | | | Code 1871 or | | | | | under any of | | | | | the following | | | | | sections of the | | | | | Penal Code | | | | | 1871: | | | | | | | | | | Sections 161, | | | | | 162, 163, 164, | | | | | 170, 171, 211, | | | | | 212, 216, 216A, | | | | | 226, 270, 281, | | | | | 285, 286, 382, | | | | | 384, 385, 386, | | | | | 387, 388, 389, | | | | | 392, 393, 394, | | | | | 395, 396, 397, | | | | | 399, 400, 401, | | | | | 402, 427, 435, | | | | | 436, 437, 438, | | | | | 440, 442, 449, | | | | | 450, 451, 452, | | | | | 453, 459, 460, | | | | | 489A, 489B, | | | | | 489C, 489D and | | | | | 506, | | | | | | | | | | must, in the | | | | | absence of | | | | | reasonable | | | | | excuse, the | | | | | burden of | | | | | proving which | | | | | lies upon the | | | | | person so | | | | | aware[, | | | | | immediately | | | | | give | | | | | information to | | | | | the | | | | | officer]{.under | | | | | line} | | | | | in charge of | | | | | the nearest | | | | | police station | | | | | or to a police | | | | | officer of the | | | | | commission or | | | | | intention. | | +-----------------+-----------------+-----------------+-----------------+ | *Virsa Singh v | Case | **Must see 4 | - What | | Punjap* | | elements** | Prosecution | | | | | must prove | | | | a. [Prosecutio | | | | | n] | - Murder 300c | | | | must | case for | | | | establish | elements | | | | that bodily | | | | | injury is | | | | | present. | | | | | | | | | | b. Nature of | | | | | injury must | | | | | be proven | | | | | | | | | | c. [Prosecutio | | | | | n] | | | | | must prove | | | | | that there | | | | | was | | | | | intention | | | | | to inflict | | | | | that | | | | | particular | | | | | bodily | | | | | injury was | | | | | intended | | | | | | | | | | d. It must be | | | | | proven that | | | | | the injury | | | | | of the type | | | | | describe | | | | | made up of | | | | | the 3 | | | | | elements | | | | | above is | | | | | sufficient | | | | | to cause | | | | | death in | | | | | the | | | | | ordinary | | | | | cause of | | | | | nature | | +-----------------+-----------------+-----------------+-----------------+ | *PP v Lim Poh | | The accused | - Murder 300c | | Lye and | | inflicted a | case for | | Another*\ | | stab wound on | intention | | \[2005\] SGCA | | the victim's | | | 31 | | thigh. This | | | | | happened to | | | | | sever the | | | | | victim's | | | | | femoral vein, | | | | | leading to his | | | | | death. The | | | | | particular | | | | | injury was the | | | | | stab wound on | | | | | the victim's | | | | | thigh; whereas | | | | | the precise | | | | | injury was the | | | | | severance of | | | | | the victim's | | | | | femoral vein. | | | | | | | | | | CA held that | | | | | the relevant | | | | | intention under | | | | | s 300(*c*) was | | | | | present. In | | | | | holding so, the | | | | | key question is | | | | | "whether the | | | | | wounds that | | | | | were caused | | | | | were in fact | | | | | wounds which | | | | | \[the accused\] | | | | | intended to | | | | | cause". Whether | | | | | the accused | | | | | knew about the | | | | | seriousness and | | | | | fatality of the | | | | | wounds is not | | | | | central to the | | | | | inquiry. Given | | | | | that the | | | | | accused | | | | | intended to | | | | | cause the stab | | | | | wound, the | | | | | requirement was | | | | | satisfied, and | | | | | the Court of | | | | | Appeal held | | | | | that the charge | | | | | under s | | | | | 300(*c*) was | | | | | made out | | | | | against the | | | | | accused | | +-----------------+-----------------+-----------------+-----------------+ | *Ike Mohamed | | The accused | - 300c not | | Yasin bin | | committed | held due to | | Hussin v PP* | | burglary in the | insufficien | | \[1976\] | | victim's hut | t | | | | and upon seeing | evidence on | | | | the victim, a | intention | | | | 58-year-old | to inflict | | | | woman, threw | a 300c | | | | her on the | injury | | | | floor and raped | | | | | her. After | | | | | raping her, he | | | | | discovered she | | | | | was dead. The | | | | | cause of death | | | | | was established | | | | | to be cardiac | | | | | arrest, brought | | | | | about by the | | | | | accused | | | | | forcibly | | | | | sitting on the | | | | | victim's chest | | | | | during the | | | | | struggle. | | | | | | | | | | On appeal to | | | | | the Privy | | | | | Council the | | | | | accused's | | | | | conviction for | | | | | murder was set | | | | | aside. The | | | | | Privy Council | | | | | held (at \[9\]) | | | | | that the | | | | | prosecution had | | | | | failed to prove | | | | | that when the | | | | | accused sat | | | | | forcibly on the | | | | | victim's chest | | | | | during the | | | | | struggle he | | | | | 'intended to | | | | | inflict upon | | | | | her the kind of | | | | | bodily injury | | | | | which, as a | | | | | matter of | | | | | scientific | | | | | fact, was | | | | | sufficiently | | | | | grave to cause | | | | | the death of a | | | | | normal human | | | | | being of the | | | | | victim's | | | | | apparent age | | | | | and build'. | | | | | This case in | | | | | fact came | | | | | within the | | | | | exception |