By Stanley Yeo, Neil Morgan and Chan Wing Cheong
This second edition of a highly respected text critically evaluates the general principles of criminal responsibility in Malaysia and Singapore with a view to assisting the application of the law and promoting law reform. The major offences against the person and property are examined, including recent legislative changes. Leading cases from Malaysia and Singapore are considered along with relevant cases from India, Australia and other jurisdictions.
This book is essential for legal practitioners, judges, scholars and students. The detailed analysis of the principles, workings, and complexities of criminal law in each chapter is done in an organised and structured manner, with clear headings and sub-headings that make it easy for referencing and review.
A comprehensive analysis on major cases, academic commentary and law reform perspectives on criminal law clearly makes the book an authoritative text referred to in legal proceedings, judgments and scholarly journals.
This second edition is also a definitive source of comparative law for lawmakers and scholars in other jurisdictions, where the Indian Penal Code forms part of the law, as it features helpful and insightful discussions of how Malaysian and Singaporean judges have interpreted and applied the Code provisions.
Foreword by The Honourable the Chief Justice Chan Sek Keong, Singapore
"..... In the Preface to this edition, the authors have expressed their gratification that it is because the first edition has been so well received by the courts, the criminal bar, scholars and law students that a second edition is called for to take into account the development in criminal law jurisprudence and legislation in the last four years in Malaysia and Singapore.
What is commendable and useful about this work is that, as I have said in my first foreword, the authors have explained the underlying concepts and principles of criminal liability clearly in the offences discussed, and have urged criminal law practitioners to "use the... arguments made in the book to articulate legal principles and to develop and improve upon the current law". ....
1. The Criminal Law: Context, Sources and History
2. The Criminal Process, Harm and Punishment
3. Physical Elements of Crimes
4. Fault Elements of Crimes
6. The Concurrence Principle
7. Strict Liability
8. Homicide: Structure, Principles and Punishment
9. Culpable Homicide and Murder
10. Other Homicide Offences and Homicide Law Reform
11. The Non-Fatal Offences: Structure, Principles and Punishment
12. The Non-Fatal Offences: Consent, Provocation, Family Violence andSexual Offences
13. Property Offences: Structure, Principles and Theft
14. Misappropriation, Breach of Trust and Cheating
15. Receiving, Extortion, Robbery and Burglary
16. An Overview of Criminal Defences
20. Private Defence
21. Exceeding Private Defence
24. Unsoundness of mind
27. Diminished Responsibility
30. Sudden Fight
32. Slight Harm
33. Protection Accorded to Public Servants
34. Abetment and Criminal Conspiracy
35. Joint Liability
37. Corporate Criminal Liability
38. Revitalising the Penal Code: A Challenge