Legal Defences In Criminal Law Explained Clearly

by 22 January 2025Knowledge & Insights

Being accused of a criminal offence is a challenging and overwhelming experience. However, Singapore’s criminal law includes legal defences that can offer protection and justice for the accused under specific circumstances. These exceptions ensure fairness by considering the unique context of each case.

This blog explores the legal defences available under Singapore’s laws, what they mean for individuals facing criminal charges, and why having the right legal support can make all the difference.

What Are Legal Defences And The Special Exceptions?

Legal defences are arguments a defendant raises to challenge the prosecution’s case. These defences aim to prove that the accused should not be held liable due to specific circumstances.

Let’s break down these special exceptions to understand how they work:

1. Sudden Fight/Quarrel

This defence is applicable when a crime arises during a sudden and mutual altercation without prior planning or premeditation. Under Singapore law, if a person acts in the heat of the moment during such a fight, their criminal liability may be reduced.

The law recognises that intense emotions and immediate reactions in these situations can impair rational judgment, potentially leading to lesser charges or penalties. However, this defence does not apply if there is evidence of prior intention or preparation to commit harm.

2. Consent

In Singapore, certain acts do not amount to criminal offences if performed with the voluntary and informed consent of the affected party.

For example, participation in contact sports inherently involves risks of injury but is considered lawful with mutual consent. Similarly, medical procedures performed with patient consent are exempt from liability. However, the law ensures that consent is genuine, informed, and not obtained through coercion or deception.

Consent is not a defence for inherently dangerous or prohibited acts, such as causing grievous harm.

3. Defence Of Diminished Responsibility

This special defence specifically applies to murder cases under Singapore’s Penal Code. It allows the charge to be reduced to culpable homicide if the accused can demonstrate that they were suffering from a substantial mental condition at the time of the offence.

This condition must significantly impair their ability to understand the nature of their act, judge its wrongfulness, or control their actions. The burden of proof lies on the accused to show credible evidence, often through medical or psychiatric reports, to establish diminished responsibility.

This defence highlights the importance of considering mental health in assessing criminal liability.

4. Provocation

Provocation can serve as a partial defence, often reducing the severity of a charge. Under Section 300 of the Penal Code, this applies when the accused committed an act in the heat of passion caused by sudden provocation. The Court evaluates:

  • Suddenness: Whether the provocation was immediate and intense.
  • Proportionality: Whether the response was excessive relative to the provocation.

 

Why Legal Defences Matter

Special legal defences play a pivotal role in ensuring that justice is not merely about punishing actions but also about understanding the underlying circumstances and intent. The law recognises that certain situations demand a more nuanced approach, considering the complexities of human behaviour and decision-making under pressure.

For instance, defences like self-defence or duress acknowledge that individuals may act out of necessity or compulsion rather than criminal intent. Similarly, recognising defences such as unsoundness of mind or intoxication (when involuntary) ensures fairness by considering factors that genuinely impair judgment or comprehension.

Without these defences, the justice system risks becoming overly rigid, punishing individuals unfairly when factors beyond their control influence their actions. Legal defences uphold the principle that every case is unique and deserves a thorough examination of its context.

Access to experienced legal professionals, like those at Tembusu Law, is essential to understanding and effectively leveraging these defences. With their expertise, you can confidently navigate the complexities of Singapore’s legal system and secure the best possible outcome for your case.

 

Conclusion About Legal Defence

Facing criminal charges can feel like an uphill battle, but understanding legal defences allows you to fight for your rights and clear your name. These defences highlight the importance of context and ensure a fair examination of your case. Working with skilled legal experts is crucial to navigating this process effectively.

You can secure a fair and robust defence by working with the best criminal lawyers in Singapore, like the experts at Tembusu Law. Contact us today for a free legal consultation and take the first step towards safeguarding your future.

 

Frequently Asked Questions About Legal Defence

Can Self-Defence Be Applied To All Cases?

No, it applies only when the force used is proportionate to the threat.

What Is The Defence Of Unsoundness Of Mind?

It refers to situations where a mental disorder prevents the accused from understanding their actions.

When Is Intoxication A Valid Defence?

Intoxication is a defence only when it is involuntary and impairs the ability to distinguish right from wrong.

What Crimes Cannot Be Defended Using Duress?

The defence of duress cannot justify grave crimes like murder.

How Does Consent Function As A Defence?

Consent can be used when the victim agrees to the act within legal limits, such as in medical procedures or sports.

Why Should I Choose Tembusu Law for My Case?

Tembusu Law offers expert guidance and representation, ensuring you have the best criminal defence in Singapore.

About the author

About the author

Tembusu Law

Jonathan is the Founder and Managing Director of Tembusu Law. He is also the founder of LawGuide Singapore, a prominent legaltech startup which successfully created and launched Singapore’s first legal chatbot in 2017.

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