Professional Documents
Culture Documents
Seminar 1
Learning points
Criminal law
Penal Code and other criminal laws (e.g. Misuse of Drugs Act)
Supporting systems
Executive action (e.g. Criminal Law (Temporary Provisions) Act public safety, peace and good order Administrative action (e.g. rehabilitation centers)
Aims of punishment
What does State-imposed punishment aim to achieve? Why punish? Retribution purposes Utilitarian purposes
Deterrence (specific, general) Communication social/cultural/moral values Paternalism educative function Rehabilitation
Violation of interests
E.g. offensive behavior
Community values
E.g. family values (who decides? conflicting values?)
Public order
Singapore
1826: Straits Settlement (Singapore, Melaka, Penang) indirectly administered 1826: Second Charter of Justice English criminal law 1860s: attempt to introduce into Singapore faced resistance 1. local conditions 2. English judges more familiar with common law 1872: Straits Settlements Penal Code came into force
Comprehensive
Limits of codification
Need for judicial interpretation Principles of judicial interpretation?
Possession - not defined in MDA Does this include knowledge of nature of what you are having
To what extent must you know the nature of what you have
Accessibility
Original intention
Explanations, illustrations
Private defense
Need for particular clarity 11 provisions 97 (b) PD of property arises against offence falling within the definition of theft, robbery, mischief or criminal trespass, or which is an attempt 102. the right of PD of body commences as soon as a reasonable apprehension of danger to the body arises
Modern
Modernization
International developments
Criminalization of genocide
Democratically made?