Title

English reform of provocation and diminished responsiblity: whither Singapore?

Document Type

Article

Publication details

Yeo, S 2010,'English reform of provocation and diminished responsiblity: whither Singapore?', Singapore Journal of Legal Studies, vol. 1, pp. 177-191.

Peer Reviewed

Peer-Reviewed

Abstract

English penal statutes, especially those of recent origin, are generally of little or no relevance to Singapore due to the fact that Singapore has its own comprehensive set of penal legislation centered around the Penal Code. The provisions in the Coroners and Justice Act 2009 dealing with the defenses of provocation and diminished responsibility, fit this description. The defense of provocation is governed by Exception 1 to section 300 of the Penal Code (hereinafter called "Exception 1"). Despite the "reasonable person" test devised by English common law not being featured in the wording of the exception, the courts have made it an essential requirement of the defense, and closely followed English common law pronouncements on the test. The defense of diminished responsibility appears as Exception 7 to section 300 of our Penal Code (hereinafter called "Exception 7") and is virtually identical to section 2 of the English Homicide Act, 1957.