Publication Type

Journal Article

Version

Publisher’s Version

Publication Date

9-2012

Abstract

The Court of Appeal in Muhammad bin Kadar v PP [2011] 3 SLR 1205 (“Kadar”) formally recognised the judicial discretion to exclude evidence as an integral part of the law on criminal evidence in Singapore. This discretion, the court held, would help ensure that all evidence coming before the court would be as reliable as possible. While this commentary agrees that the foundational basis for the exclusionary discretion doctrine is desirable, it suggests that there are difficulties with the application of the doctrine. An alternative approach that works around the difficulties is canvassed for consideration.

Discipline

Criminal Law | Evidence

Research Areas

Law, Society and Governance

Publication

Singapore Academy of Law Journal

Volume

24

Issue

2

First Page

535

Last Page

554

ISSN

0218-2009

Publisher

Singapore Academy of Law

Embargo Period

4-26-2017

Copyright Owner and License

Authors

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

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