Reading Time: 5 minutesBackground “Dishonesty” is an element to be established by the prosecution in a number of criminal offences, including theft and conspiracy to defraud. R v Ghosh [1982] QB 1053 had been a landmark case formulating the two-stage test on “dishonesty” as a direction to jury (the “Ghosh directions”), which comprised of: Whether the defendant’s conduct was dishonest […]
Reading Time: 6 minutesThe police possess vast powers in Singapore – the most impactful which would be the power of arrest. Law abiding citizens would not have an encounter with the police that leads to an arrest or usually contemplate such a situation. However, in an unfortunate circumstance encountering the police on the wrong side of the law, […]
Reading Time: 10 minutesIn the first quarter of 2018 alone, 38 people have died in 36 accidents on our country’s roads. You might still remember the harrowing fatal collision between a taxi and an oncoming car which led to the death of a 19-year old female student earlier this year. Traffic accidents are now becoming a weekly occurrence […]
Reading Time: 7 minutesIntroduction It is not uncommon in any society for disagreements and conflicts to arise, oftentimes leadings to one party feeling as if they have been ‘victimised’ in some way. In Singapore, we are often told that we should make a police report if we believe that we are a victim of an offence, as the […]
Reading Time: 4 minutesWhat is an affidavit? If you’ve always been curious about this odd-looking, strange-sounding word, you’re probably in good company! After all, the word ‘affidavit’ would hardly be used outside of legal proceedings! To put it simply, an affidavit, or what is sometimes also called a witness statement, is a written statement of the facts in […]
Reading Time: 8 minutesIntroduction We have all seen TV shows like Suits and How to Get Away with Murder, where bail is mentioned by lawyers and policemen when an individual gets arrested. What we know from these shows is that bail is an amount of money someone pays for an individual to be released from prison. However, this […]
Reading Time: 9 minutes“You have the right to remain silent. Anything you say can and will be used against you in a court of law.” These are the famous opening sentences of the Miranda warning, a list of rights read out to a person in the United States of America (USA) upon their arrest. This is a derivative […]
Reading Time: 6 minutesThe Hippocratic oath demands that doctors do no harm. Thankfully, most doctors follow this in the exercise of their skills. Sadly, some fall short of the mark in discharging their duties to the patient, whether intentionally or otherwise, while others deliberately engage in unethical practices. In one case, Dr Wong of Raffles Hospital gave a […]
Reading Time: 4 minutesA person may be charged with an offence for a criminal breach of trust (“CBT”) if he dishonestly misappropriates, takes, uses or dispose of any property which he has control over. The offence is described under s. 405 to 409 of the Penal Code, Cap. 224. A CBT is committed if: A person who is […]
Reading Time: 3 minutesLawyer Edmund Lam previously wrote a three-part series on white-collar crime with illustration of actual cases that happened in Singapore. You can read the articles here. In this article, he shares more about multi-jurisdictional jeopardy & resolution and deferred prosecution agreements. Multi-Jurisdictional Jeopardy & Resolution In recent times, authorities are stepping up on multi-jurisdictional enforcement cooperation […]
Reading Time: 6 minutesIn the first of a three-part series, lawyer Edmund Lam gave an introduction to white-collar crime and shared examples of money laundering and signing of false certificates. He also shared about the criminal breach of trust, corporate and securities fraud in the second article. In the last part of this series, Edmund provides illustrations on […]
Reading Time: 8 minutesIn the first of a three-part series, lawyer Edmund Lam gave an introduction to white-collar crime and shared examples of money laundering and signing of false certificates. In this article, he provides illustrations of the criminal breach of trust, corporate fraud and corruption and bribery. Illustrations of white-collar crimes Criminal Breach of Trust In 2001, […]
