What does it mean to plead guilty in Singapore?

Reading Time: 6 minutesIf you are found to have committed a crime, you will receive a court summons requiring you to appear in court. When an accused person chooses to plead guilty, it basically means that he or she does not intend to contest the proceeded charges against him or her. If the accused is a body corporate, […]

Repealing Section 377A

Reading Time: 3 minutesWhat constitutional challenge does Section 377A of the Penal Code face? In Singapore the recent proposal to reform the Penal Code has once again left s 377A untouched. However, elsewhere the equivalent section has been invalidated. In a recent decision, the Supreme Court of India struck down a provision similar to s 377A, generating widespread […]

Time for Hong Kong to revisit the meaning of “dishonesty”

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 […]

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What should you know if you are arrested in Singapore?

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, […]

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What happens if you cause a fatal traffic accident in Singapore?

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 […]

Magistrate’s Complaints in Singapore: A Comprehensive Guide

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 […]

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A Guide to Affidavits

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 […]

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Guide to Bail in Singapore

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 […]

Do you have a right to silence in Singapore?

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 […]

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Medical Treatment Gone Wrong – What are your rights as a patient?

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 […]

Criminal Breach of Trust_Asia Law Network
What is Criminal Breach of Trust (CBT) in Singapore?

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 […]

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Multi-Jurisdictional Jeopardy & Resolution and Deferred Prosecution Agreements

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 […]