Publication Type
Journal Article
Version
publishedVersion
Publication Date
1-2011
Abstract
Recently, the Court of Appeal in Daniel Vijay s/o Katherasan v. Public Prosecutor took the view that the law on common intention was not adequately settled in Singapore despite the 138-year history of s.34 of the Penal Code. It went on to give an extensive review of the cases interpreting the section as well as its Indian equivalent, before setting out the proper approach to take in "twin crime" common intention cases, focusing specifically on the mens rea element required in order to establish constructive liabilityfor the secondary crime. This case note seeks to highlight the changes brought about by Daniel Vijay s/o Katherasan v. Public Prosecutor and to comment on the significance of these changes.
Discipline
Criminal Law | Law Enforcement and Corrections
Research Areas
Dispute Resolution
Publication
Singapore Law Review
Volume
29
First Page
21
Last Page
34
ISSN
0080-9691
Publisher
National University of Singapore Faculty of Law
Citation
CHUA, Eunice.
Raising the Bar for the Mens Rea Requirement in Common Intention Cases. (2011). Singapore Law Review. 29, 21-34.
Available at: https://ink.library.smu.edu.sg/sol_research/1767
Creative Commons License
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