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Article
The Final Twist in Common Intention? Daniel Vijay s/o Katherasan v. Public Prosecutor
Singapore Journal of Legal Studies
  • Siyuan CHEN, Singapore Management University
Publication Type
Journal Article
Version
publishedVersion
Publication Date
7-2011
Abstract

It was only in 2008 that the Court of Appeal made a seminal restatement of the law on common intention, particularly with respect to liability in so-called ‘twin crime’ situations. The question posed then was posed again recently in Daniel Vijay: what exactly is the required mens rea for the secondary offender in such situations? In 2008, the Court of Appeal said that the secondary offender had to subjectively know that one in his party might likely commit the collateral offence in furtherance of the common intention of carrying out the primary offence. Now, in Daniel Vijay, the Court of Appeal has said that the secondary offender must have had the intention to commit the collateral offence. Has there been a change in the law, and if so, is this for the better?

Discipline
Publisher
National University of Singapore
Copyright Owner and License
Author
Creative Commons License
Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International
Citation Information
Siyuan CHEN. "The Final Twist in Common Intention? Daniel Vijay s/o Katherasan v. Public Prosecutor" Singapore Journal of Legal Studies Vol. [2011] (2011) p. 237 - 249 ISSN: 0218-2173
Available at: http://works.bepress.com/siyuan_chen/103/