Publication Type
Case note/Digest
Version
acceptedVersion
Publication Date
9-2020
Abstract
Unlike applications to retract guilty pleas, accused persons are not required to provide valid and sufficient reasons when qualifying their guilty pleas in mitigation. In Criminal Reference No. 5 of 2018, the Court of Appeal held that section 228(4) of the Criminal Procedure Code allows accused persons to qualify their guilty pleas in mitigation to the extent that it amounts to a retraction of their guilty pleas unless there is an abuse of the court’s process. This comment considers the desirability of the current law and suggests that the law applying to such withdrawals of guilty pleas should be amended.
Keywords
Criminal Law, Penal Code, Guilty Pleas, Withdrawal
Discipline
Asian Studies | Courts | Criminal Law
Publication
Singapore Journal of Legal Studies
Volume
[2020]
First Page
756
Last Page
768
ISSN
0218-2173
Publisher
National University of Singapore
Embargo Period
6-8-2021
Citation
GOH, Teng Jun Gerome.
Opening the door to fickle-minded guilty pleas? Public Prosecutor v Dinesh s/o Rajantheran. (2020). Singapore Journal of Legal Studies. [2020], 756-768.
Available at: https://ink.library.smu.edu.sg/sol_research/3270
Copyright Owner and License
Authors
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
https://ssrn.com/abstract=3650730