Reliability and Relevance as the Touchstones for Admissibility of Evidence in Criminal Proceedings: Muhammad bin Kadar v PP [2011] 3 SLR 1205 [Case Note]

• Main Author: CHEN, Siyuan
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2012
• Subjects: Criminal Law; Evidence
• Online Access: https://ink.library.smu.edu.sg/sol_research/1979; https://ink.library.smu.edu.sg/context/sol_research/article/3931/viewcontent/ReliabilityRelevanceTouchstonesAdmissibility_2012_SALJ.pdf
• Institution: Singapore Management University

The Court of Appeal in Muhammad bin Kadar v PP [2011] 3 SLR 1205 (“Kadar”) formally recognised the judicial discretion to exclude evidence as an integral part of the law on criminal evidence in Singapore. This discretion, the court held, would help ensure that all evidence coming before the court would be as reliable as possible. While this commentary agrees that the foundational basis for the exclusionary discretion doctrine is desirable, it suggests that there are difficulties with the application of the doctrine. An alternative approach that works around the difficulties is canvassed for consideration.