Publication Type

Journal Article

Version

publishedVersion

Publication Date

2-2020

Abstract

Cana court find that a criminal sentence is mandatory under the penal legislation butchoose, exceptionally, to apply that finding only to future cases? This raisesan interesting question on the prospective application of a correctconstruction of legislation, requiring consideration of difficult issuessurrounding not just the temporal application of the law but also theprotection of the interests belonging to all citizenry, including convictedpersons. Recent decisions in Singapore and elsewhere provide an opening for amore detailed inquiry to be undertaken.

Keywords

Criminal Sentencing; Statutory Interpretation; Prospective Overruling

Discipline

Asian Studies | Criminal Law

Research Areas

Asian and Comparative Legal Systems

Publication

Statute Law Review

Volume

41

Issue

1

First Page

96

Last Page

124

ISSN

0144-3593

Identifier

10.1093/slr/hmy020

Publisher

Oxford University Press (OUP): Policy E - Oxford Open Option D

Embargo Period

9-24-2019

Copyright Owner and License

Author

Additional URL

https://doi.org/10.1093/slr/hmy020

Share

COinS