Voyeurism Voyeurism can generally be understood as the observance and recording of someone who is engaged in circumstances of undress or intimacy. In recent years, Parliament has enacted several laws to target the scourge of voyeuristic offences in Singapore, with the guidance of criminal lawyers. Prior to the recent amendments, the Courts, one of the […]

Voluntarily Causing Hurt Penal Code Provisions Voluntarily causing hurt is defined in Section 321 of the Penal Code as follows: “Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to […]

Voluntarily Causing Grievous Hurt Penal Code Provisions Voluntarily causing grievous hurt is defined in Section 321 of the Penal Code as follows: “Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, […]

Traffic Offences Traffic offences are some of the most common offences in Singapore. In fact, most would be familiar with some minor traffic offences – such as parking violations and minor speeding violations. An offender who has committed such a minor traffic offence will generally be imposed with a fine. Often, the offender would not […]

Theft & Theft in Dwelling Theft is defined in Section 378 of the Penal Code as follows: “Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.” While Section 378 of the Penal […]

Sexual Assault involving Penetration Sexual assault involving penetration is defined in Section 376(2) of the Penal Code as follows: “(2) Any person (A) who – 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 another person […]

Rape Penal Code Provision Rape is defined in Section 375(1) of the Penal Code as follows: “1. Any man who penetrates the vagina of a woman with his penis – a. Without her consent; or b. With or without her consent, when she is below 14 years of age shall be guilty of an offence. […]

Overview of the Evidence Act The law of evidence in Singapore is a complex topic, and it is not the purpose of this article to provide a comprehensive treatment of the same. Rather, this short article will provide a brief overview of the Evidence Act and certain specific rules of evidence. The Structure of the […]

Overview of General Defences Defences in criminal law play an integral role in carrying out the function of criminal law. In Singapore, criminal law is mainly laid down through the Penal Code (“PC”), which encapsulates the codified law to protect the rights of individuals against harm. Notwithstanding, another important function of criminal law is to […]

Outrage of Modesty Penal Code Provisions Outrage of Modesty (colloquially referred to as “molest”) is criminalised under Section 354 of the Penal Code, the relevant portion of which reads as follows: “Whoever assaults or uses criminal force to any person, intending to outrage or knowing it to be likely that he will thereby outrage the […]

Murder Murder is one of the (if not the) most serious criminal offence. It comes as little surprise, then, that the punishment for murder is severe. This short article seeks to provide a basic understanding of how the law deals with murder. Before delving into the legal elements of the offence of murder, it must […]

Money Laundering Money laundering is a process which often involves a deliberate and complex scheme employed by criminals to disguise the criminal origins of their funds. The scheme would normally involve the passing of criminal funds through various financial institutions and/or systems so as give the impression that the said funds originated from legitimate sources. […]

Market Rigging Market Rigging is a “white-collar” crime that is criminalised under the Securities and Futures Act (“SFA”). By and large, an offence of market rigging is deemed to be more serious than an offence of insider trading, hence demands attention from criminal lawyers. The former involves the artificial inflation or deflation of share prices […]

Littering Littering is, unfortunately, a relatively common occurrence in Singapore. Littering is defined in Section 17 of the Environmental Public Health Act (“EPHA”), the relevant portions of which read as follows: “(1) A person must not — deposit, drop, place or throw any dust, dirt, paper, ash, carcase, refuse, box, barrel, bale or any other […]

Insider Trading This article will provide a brief insight on the “white-collar” crime of Insider Trading. Insider trading can be generally described as the act of trading in a company’s securities whilst in possession of confidential information relating to the said company. In such cases, criminal lawyers often play a pivotal role in understanding, defending […]

Employment of Foreign Manpower Act The Ministry of Manpower (“MOM”) estimates there to be around 1,424,200 foreign workers in Singapore.[1] Suffice to say, there is a clear need for clear regulation and laws pertaining to the employment of foreign manpower. This short article will briefly discuss certain provisions of the Employment of Foreign Manpower Act […]

Drug Offences This short article will discuss three of the most common type of drug offences in Singapore, namely: Possession Consumption Trafficking Before delving into the forecited offences, a short discussion on the different classes of drugs is necessary. If you are facing legal issues related to drug offences or considering guilty pleas, consulting experienced […]

Corruption It is no secret that the law, as well as criminal lawyers, takes corruption very seriously. Singapore is one of the least corrupted countries in the world. However, there are still instances of corruption which seep through the system. This short article will discuss the salient legal elements of corruption. It will also explore […]

Computer Misuse Act The Computer Misuse Act (“CMA”) criminalizes a wide range of computer-related activities. This article will briefly discuss certain provisions of the CMA (and its corresponding punishments) with reference to some of the more common offences prosecuted under the CMA. Understanding the legal implications of these provisions is crucial for all parties in […]

Cheating & Aggravated Cheating Cheating is defined in Section 415 of the Penal Code, which reads as follows: “Whoever, by deceiving any person, whether or not such deception was the sole or main inducement, fraudulently or dishonestly induces the person so deceived to deliver or cause the delivery of any property to any person, or […]

Basic Concepts of Criminal Law To be convicted of a crime is a serious matter for any person. What then are the essential elements of a crime? This short article will shed light on some of the fundamental concepts of Criminal Law, namely: What is the physical element of a crime? What is the mental […]

Abetment, Criminal Conspiracy, and Joint Liability Crimes are often not committed by a single individual. So, how does the law, along with criminal lawyers, deal with individuals in criminal trials who are committing an offence together? What if a person merely assisted another individual in the commission of an offence? This short article seeks to […]

Disposal of Property Properties are often seized by the authorities for the purposes of criminal investigations and prosecution. At the end of a criminal proceeding, a Disposal Inquiry will be convened for the Court to decide on how such properties are to be disposed of. If property has been seized from an Accused person by […]

Points Reserved & Criminal Reference, Criminal Revisions, and Criminal Motions The following procedures are distinct from Criminal Appeals (see Criminal Appeals), and involve applications to the Supreme Court (see The Courts) for various purposes. Points Reserved & Criminal References Points Reserved Points Reserved is a procedure for an Appellate Court to answer any question of […]

Criminal Appeals When a party is dissatisfied with a judgment, sentence, or order by a Court with original jurisdiction, he can file an appeal against that decision. Appeals are requests for the appellate Court to overturn such a judgment, sentence, or order. By and large, no new evidence is allowed to be tendered at appeal. […]

Sentences Of all the branches of Singapore law, only the criminal law involves sentences, which are the punishments that follow the conviction of an offence. This is because the criminal law is primarily concerned with the punishment of criminal offences. The various courts have their own sentencing powers. As mentioned above, these sentencing powers are […]

Criminal Trials  When the Accused denies committing the alleged offences, he will need to claim trial to the charges to be afforded the opportunity to set out his defence. A trial is a hearing of first instance, which means it will be heard in a court with original jurisdiction: see “Parties involved in the Criminal […]

Investigations The first stage of a criminal case is the investigation stage. Investigations usually begin when someone makes a report to a law enforcement agency. The person that makes a report is called the Complainant. The Complainant can be the Alleged Victim or someone who knows about the alleged offence. First Investigation Report The first […]

Criminal Case Disclosure Conferences What is the purpose of a Criminal Case Disclosure Conference? A Criminal Case Disclosure Conference (“CCDC”) facilitates the trial process by providing a procedure for the exchange of information between the Prosecution and the Defence. A CCDC serves the purpose of settling the following matters: The filing of the Case for […]

Pleading Guilty Proceeded Charges In the Criminal Justice System, where the Accused faces multiple charges, the Prosecution has the discretion to proceed on any number of charges it deems fit. As a general rule of thumb, the Prosecution would usually proceed with the most serious charge(s). It is important to understand that the Accused will […]

Criminal Case Management System While the matter is in the mentions or PTC stage, parties may attend a Criminal Case Management System meeting. The Criminal Case Management System (CCMS) is a system implemented by the AGC to allow for a meeting between the DPPs and the Defence Counsel, also known as criminal lawyers. It is […]

Mentions & Pre-trial Conferences Mentions Mentions usually take place concurrently while investigations are being carried out. They are usually heard before a Magistrate sitting in the Mentions Court. If the Accused is arrested, his first mention will be within 48 hours. If he is not, his first mention may be held any time before he […]

Bail When the Accused, a party involved in the Criminal Justice System, is arrested to assist in investigations, he is usually detained. However, he may also be released if a Bailor (also known as a surety) posts bail for him. Bail is security pledged by the Bailor who executes a bail bond to ensure that […]

Charges & Magistrate’s Complaints Charges After the investigations are complete and the Prosecution decides to take action against the Accused, among the parties involved in the Criminal Justice System, formal charges will be drawn up. The charge is an important document, as it sets out the specific offence that the Accused is alleged to have […]

Parties involved in the Criminal Justice System – Dramatis Personae There are typically five different parties involved in the criminal justice system. This section explains each briefly. Law Enforcement Agencies The law enforcement agencies receive complaints of criminal activity and investigate them. The persons from these agencies who conduct the investigations are called Investigating Officers […]

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