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Public Prosecutor v Iswan bin Ali [2024] SGHC 284

An accused person is not a courier under s 33B(2) MDA if their involvement extends beyond transporting, sending, or delivering drugs, such as by sourcing the drugs or exercising decision-making power over the price.

Sushant Shukla· ·12 min read
Singapore

Pritam Singh v Public Prosecutor [2024] SGHC 233

The High Court held that a transfer of a criminal case from the State Courts to the High Court under s 239(1)(c) of the CPC is only justified in rare and exceptional situations where the supreme needs of justice require the ordinary course of justice to be altered.

Sushant Shukla· ·14 min read
Singapore

S Iswaran v Public Prosecutor [2024] SGHC 185

The Prosecution is not statutorily required under s 214(1)(d) of the Criminal Procedure Code 2010 to provide conditioned statements for every witness it intends to call at trial, but only those it intends to admit as evidence under s 264 of the CPC.

Sushant Shukla· ·14 min read
Singapore

Seah Ming Yang Daryle v Public Prosecutor [2024] SGHC 152

The court established a benchmark sentence of two weeks’ imprisonment and two years’ disqualification for the archetypal case of a first-time offender driving without a valid licence.

Sushant Shukla· ·14 min read
Singapore

Lim Wei Fong Nicman v Public Prosecutor [2024] SGCA 33

The court held that the chain of custody was established by DNA evidence and that the defence of duress was unavailable as the threats did not compel the appellant to commit the offence and the appellant had voluntarily placed himself in the situation.

Sushant Shukla· ·14 min read
Singapore

Moad Fadzir bin Mustaffa v Public Prosecutor [2024] SGCA 26

The court dismissed the application for a stay of execution as the applicant failed to provide any new grounds for review and was barred from filing further review applications.

Sushant Shukla· ·11 min read
Singapore

Magendran Muniandy v Public Prosecutor [2024] SGCA 23

The court held that a judge's preparation for a hearing by reading materials and forming provisional views does not constitute pre-judgment, provided the judge maintains an open mind to be persuaded by oral arguments.

Sushant Shukla· ·13 min read
Singapore

Xu Yuanchen v Public Prosecutor [2024] SGCA 17

Applications for criminal references under s 397 of the Criminal Procedure Code must satisfy four conditions, including that the question must be one of law of public interest. A question is not of public interest if it is settled by the highest court or if it is a mere question

Sushant Shukla· ·14 min read
Singapore

Attorney-General v Xu Yuan Chen (alias Terry Xu) [2023] SGHC 87

The court held that the publication of material imputing that the judiciary is susceptible to political influence and lacks impartiality constitutes scandalising contempt under s 3(1)(a) of the AJPA.

Sushant Shukla· ·16 min read
Singapore

Loh Siang Piow (alias Loh Chan Pew) v Public Prosecutor [2023] SGHC 74

The court held that the complainant's uncorroborated testimony was not 'unusually convincing' and that the Prosecution failed to prove the charges beyond a reasonable doubt, particularly given material inconsistencies in the complainant's evidence and the failure of the District

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Rizuwan bin Rohmat [2023] SGHC 62

The court established a benchmark sentencing framework for offences under s 35(1) of the Road Traffic Act, setting the benchmark at four weeks' imprisonment for an archetypal case involving an Unqualified Driver.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Mohamed Mubin bin Abdul Rahman [2023] SGHC 60

The court held that the accused failed to satisfy the requirements of s 33B(3)(b) of the MDA as he did not suffer from an abnormality of mind, and his drug-related conditions were self-induced and transient.

Sushant Shukla· ·15 min read
Singapore

Ng Kok Wai v Public Prosecutor [2023] SGHC 306

Section 3 of the Penal Code is an extraterritorial application provision that, when read with a jurisdictional provision like s 50(2)(c) of the State Courts Act, allows Singapore courts to try offences committed by Singapore citizens on the high seas.

Sushant Shukla· ·12 min read
Singapore

Chai Chung Hoong v Public Prosecutor [2023] SGHC 28

A nominee director has a personal and continuing duty to exercise reasonable diligence and supervision over a company's affairs, which cannot be delegated or excused by reliance on third-party due diligence or the absence of specific guidelines.

Sushant Shukla· ·14 min read
Singapore

Kesavan Chandiran v Public Prosecutor [2023] SGHC 25

The difference in age of co-offenders engaged in the same criminal enterprise can be a valid basis for modifying the application of the parity principle between them, even if both are above the age of majority, provided the age difference is significant.

Sushant Shukla· ·12 min read
Singapore

Koh Shu Cii Iris v Attorney-General [2023] SGHC 229

The court held that a Magistrate has judicial discretion under s 152(1) of the CPC to dismiss a complaint without further inquiry if the complaint discloses no offence, and that there is no statutory right of appeal against such a dismissal.

Sushant Shukla· ·13 min read
Singapore

Kong Wei Keong Marcus v Public Prosecutor [2023] SGHC 20

The court affirmed the conviction and sentence, finding that the appellant's claims of consent and psychiatric manipulation were unsupported by evidence and inconsistent with his own admissions.

Sushant Shukla· ·12 min read
Singapore

Lim Tien Hou William v Ling Kok Hua [2023] SGHC 18

In a disposal inquiry under the Criminal Procedure Code, where multiple claimants satisfy the Lawful Possession Precondition and there is no evidence of a better title, the property should be returned to the person from whom it was seized.

Sushant Shukla· ·14 min read
Singapore

Tham Saik Mun Simon v Public Prosecutor [2023] SGHC 179

The court held that the statutory assumption in s 71A(1) of the Road Traffic Act is only rebuttable by the exception in s 71A(2), and the appellant failed to prove on a balance of probabilities that his breath alcohol level would not have exceeded the prescribed limit but for his

Sushant Shukla· ·14 min read
Singapore

Carlos Manuel De São Vicente v Public Prosecutor [2023] SGHC 143

The court held that an application for the release of seized property under s 35(8)(b)(i) of the CPC requires the applicant to prove that the release is necessary, that there are no alternative sources of funding, and that the funds are to be used exclusively for legal fees incur

Sushant Shukla· ·13 min read
Singapore

Chan Kum Hong Randy v Public Prosecutor [2008] SGHC 20

Inordinate prosecutorial delay that is not attributable to the offender can be a mitigating factor in sentencing, particularly where the offender has used the intervening period to rehabilitate.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Mohamad Norhazri bin Mohd Faudzi [2008] SGHC 10

The court held that a first-time offender charged with multiple serious offences may be denied the status of a first-time offender for sentencing purposes, and that consecutive sentences for multiple offences are appropriate in serious cases.

Sushant Shukla· ·12 min read
Singapore

Public Prosecutor v Kwong Kok Hing [2007] SGHC 86

The court held that in sentencing for attempted culpable homicide not amounting to murder, the court must consider the specific facts of the case and the offender's mental state, rather than solely the potential danger of the act.

Sushant Shukla· ·12 min read
Singapore

Public Prosecutor v Teo Cheow Kim [2007] SGHC 70

The court found that the prosecution had proven its case beyond reasonable doubt, rejecting the accused's arguments regarding inconsistencies in statements and potential drug mix-ups.

Sushant Shukla· ·12 min read