Theft
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Criminal Law Archives - Silvester Legal Criminal Law

  • Walter Silvester
  • Criminal Law
  • January 22, 2020

Theft

Section 378 of the Penal Code provides the scope of “Theft”, which comprises of the following elements.
  1. There must be a dishonest intention
  2. The offender had moved moveable property out of the possession of any person
  3. Movement of that property was done without that person’s consent
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  • Walter Silvester
  • Criminal Law
  • January 22, 2020

What is Criminal Breach of Trust?

The definition of Criminal Breach of Trust (“CBT”) is laid out under Section 405 of the Penal Code.
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  • Walter Silvester
  • Criminal Law
  • January 22, 2020

Outrage Of Modesty

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.

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  • Walter Silvester
  • Criminal Law
  • January 22, 2020

Voluntarily Causing Hurt, Part II

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 knowledge.
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  • Walter Silvester
  • Criminal Law
  • January 22, 2020

Voluntarily Causing Hurt, Part I

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 the totality of the circumstances to determine the appropriate form of punishment and a helpful starting point to better understand this matter would be to turn to the Penal Code.
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  • Walter Silvester
  • Criminal Law
  • January 22, 2020

Criminal Process, Part VI: Upon Conviction

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. On the other hand, if the accused is found to be “not guilty” after trial, then the matter ends there, unless there is an appeal by the prosecution.

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  • Walter Silvester
  • Criminal Law
  • January 22, 2020

Criminal Process, Part V: Criminal Trial

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.  
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  • Walter Silvester
  • Criminal Law
  • January 21, 2020

Criminal Process, Part IV: Before Trial

In this 4th of this 6-part series, we let you know what happens when an accused chooses to stand trial.
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  • Walter Silvester
  • Criminal Law
  • January 21, 2020

Criminal Process, Part III: After the First Mention/Pleading Guilty

This is the 3rd of this 6-part series on the criminal process. Here, we will look at what happens after an accused has been charged.
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  • Walter Silvester
  • Criminal Law
  • January 21, 2020

Criminal Process, Part II: Formal Bringing of Charges

This 2nd part of the criminal process looks at what happens during/after the investigations and the police decide that they are going to recommend that the accused be charged.
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