On mandatory criminal sentences, legislative interpretation, and the prospective application of the law: A view from Singapore

Cana court find that a criminal sentence is mandatory under the penal legislation butchoose, exceptionally, to apply that finding only to future cases? This raisesan interesting question on the prospective application of a correctconstruction of legislation, requiring consideration of difficult issu...

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Bibliographic Details
Main Author: LAU, Kwan Ho
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2020
Subjects:
Online Access:https://ink.library.smu.edu.sg/sol_research/2866
https://ink.library.smu.edu.sg/context/sol_research/article/4824/viewcontent/Mandatory_Criminal_Sentences_2018_afv.pdf
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Institution: Singapore Management University
Language: English
Description
Summary:Cana court find that a criminal sentence is mandatory under the penal legislation butchoose, exceptionally, to apply that finding only to future cases? This raisesan interesting question on the prospective application of a correctconstruction of legislation, requiring consideration of difficult issuessurrounding not just the temporal application of the law but also theprotection of the interests belonging to all citizenry, including convictedpersons. Recent decisions in Singapore and elsewhere provide an opening for amore detailed inquiry to be undertaken.