A novel approach to deriving sentencing frameworks – Sentencing as a science and/or art? Supreme Court Case Summary: Takaaki Masui v Public Prosecutor

Authors

Keith Ian Ray TOH, Singapore Management UniversityFollow
Shawn De Xian ANG, Singapore Management UniversityFollow

Publication Type

Case note/Digest

Publication

Singapore Law Journal (Lexicon)

Publication Date

1-2022

Abstract

In Takaaki Masui v Public Prosecutor and another appeal and other matters [2021] 4 SLR 160 (“Masui v PP”), the High Court (“HC”) introduced a new sentencing framework for purely private corruption offences under ss 6(a) and 6(b) of the Prevention of Corruption Act (Cap 241, 1993 Rev Ed) (“PCA”). Significantly, the HC utilised mathematical concepts to evaluate and determine the content of sentencing frameworks, and also employed multiple two-dimensional and three-dimensional (“2D” and “3D”) graphs to represent various sentencing frameworks. This case summary will explore the analytical method employed by the HC and discuss whether the new sentencing framework derived from it is a material departure from traditional sentencing frameworks.

Disciplines

Courts | Dispute Resolution and Arbitration

ISSN/ISBN

2737-5048

Publisher

Singapore Management University

Version

publishedVersion

Copyright Holder

Singapore Management University

Creative Commons License

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

Format

application/PDF

Citation

TOH, Keith Ian Ray and ANG, Shawn De Xian. A novel approach to deriving sentencing frameworks – Sentencing as a science and/or art? Supreme Court Case Summary: Takaaki Masui v Public Prosecutor. (2022). Singapore Law Journal (Lexicon). 2, 178.
Available at: https://ink.library.smu.edu.sg/sljlexicon/11

Volume

2

Page

178