A novel approach to deriving sentencing frameworks – Sentencing as a science and/or art? Supreme Court Case Summary: Takaaki Masui v Public Prosecutor
In Takaaki Masui v Public Prosecutor and another appeal and other matters [2021] 4 SLR 160 (“Masui v PP”), the High Court (“HC”) introduced a new sentencing framework for purely private corruption offences under ss 6(a) and 6(b) of the Prevention of Corruption Act (Cap 241, 1993 Rev Ed) (“PCA”). Sig...
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Format: | text |
Language: | English |
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Institutional Knowledge at Singapore Management University
2022
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Online Access: | https://ink.library.smu.edu.sg/sljlexicon/11 https://ink.library.smu.edu.sg/context/sljlexicon/article/1014/viewcontent/A_NOVEL.pdf |
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Institution: | Singapore Management University |
Language: | English |
Summary: | In Takaaki Masui v Public Prosecutor and another appeal and other matters [2021] 4 SLR 160 (“Masui v PP”), the High Court (“HC”) introduced a new sentencing framework for purely private corruption offences under ss 6(a) and 6(b) of the Prevention of Corruption Act (Cap 241, 1993 Rev Ed) (“PCA”). Significantly, the HC utilised mathematical concepts to evaluate and determine the content of sentencing frameworks, and also employed multiple two-dimensional and three-dimensional (“2D” and “3D”) graphs to represent various sentencing frameworks. This case summary will explore the analytical method employed by the HC and discuss whether the new sentencing framework derived from it is a material departure from traditional sentencing frameworks. |
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