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Section 378 of the Penal Code provides the scope of “Theft”, which comprises of the following elements. There must be a dishonest intention The offender had moved moveable property out of the possession of any person Movement of that property was done without that person’s consent   What is dishonest intention? Dishonest intention refers to […]

What is Criminal Breach of Trust?

coins spilling out of jar

The definition of Criminal Breach of Trust (“CBT”) is laid out under Section 405 of the Penal Code. In order for the charge of CBT to be made out, the following elements must be fulfilled:  The offender was entrusted with property or with dominion over property; The offender dishonestly misappropriates or converts to his own […]

Outrage Of Modesty

hand with handcuffs

Outrage of Modesty? Outrage of modesty appears to be an umbrella term for acts that have violated one’s modesty. Its legal definition as it appears in the Penal Code, however, scopes the acts of ‘outrage of modesty’ more narrowly. In fact, it is usually synonymous to the more commonly known act of molestation. Section 354 […]

Voluntarily Causing Hurt, Part II

man with blue shirt with injured elbow

As mentioned in “What is Voluntarily Causing Hurt: Part I,” the element of intention or knowledge that it is likely to cause hurt or grievous hurt must be present in order to be charged under this section. However, it is possible for a situation to arise where the offender has neither the intention or the […]

Voluntarily Causing Hurt, Part I

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Voluntarily causing hurt cases often appear in the newspapers in Singapore and lies along a wide spectrum with regards to the nature and harm of the hurt inflicted. Given the myriad of circumstances that form voluntarily causing hurt cases, it is hard to predict the consequent punishment. However, it is certain that the Court considers […]

Criminal Process, Part VI: Upon Conviction

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This is the last stage of this 6-part series. If an accused is found guilty after trial or pleads guilty before trial, this is where the sentence is decided by the judge. If an accused is found guilty after trial or pleads guilty before trial, this is where the sentence is decided by the judge. […]

Criminal Process, Part V: Criminal Trial

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We set out below what happens during a trial. A trial is a very fluid process. The unexpected can happen and lawyers have to be experienced and be quick on their feet to deal with these contingencies. In any case, below is the usual trial process. Commencement of Prosecution’s Case A criminal trial will usually […]

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