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Lee Siew Boon Winston v Public Prosecutor [2015] SGCA 67
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[2015] SGCA 67
Court of Appeal of Singapore30 Nov 2015Criminal Motion No 21 of 2015
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“ursuant to s 397(1) of the CPC. One of the questions concerned the threshold test for the Prosecution to demonstrate compliance with its Kadar obligation. In Lee Siew Boon Winston v Public Prosecutor [2015] SGCA 67 (“Winston Lee (CA)”), the Court of Appeal endorsed Chan J’s formulation of the test in the following term”
“closure under Kadar (No 1), and it is for the appellants to satisfy the court that there exist reasonable grounds to believe that the duty has been breached (Lee Siew Boon Winston v Public Prosecutor [2015] SGCA 67 at [8]–[12]). The mere fact that the charges had been amended did not constitute such grounds.”
“For completeness, I note that the Respondent relies on Lee Siew Boon Winston v Public Prosecutor [2015] SGCA 67 (“Lee Siew Boon”) to argue that every application of an objective test in a specific context is not a question of law. However, this does not seem to be the proper interpretation of the case. Lee Sie”
“ses its discretion in this manner (see, eg, the decisions of this court in Mah Kiat Seng v Public Prosecutor [2011] 3 SLR 859 at [13]; James Raj at [15]; and Lee Siew Boon Winston v Public Prosecutor [2015] SGCA 67 at [7]).”
“The law with respect to when leave should be granted under s 397(1) of the CPC is clear and was recently affirmed by this court in Lee Siew Boon Winston v Public Prosecutor [2015] SGCA 67 (“Winston Lee”) at [6]. Four conditions must be satisfied before leave can be granted:”
“The law with respect to the granting of leave under s 397(1) of the CPC is uncontroversial and was recently affirmed by this court in Lee Siew Boon Winston v Public Prosecutor [2015] SGCA 67 at [6] as well as Huang Liping v Public Prosecutor [2016] 4 SLR 716 at [8]. Four conditions must be satisfied before leave can be”
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Lee Siew Boon Winston v Public Prosecutor [2015] SGCA 67
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Case No: Criminal Motion No 21 of 2015
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Court: Court of Appeal of Singapore
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Decision Date: 2015-11-30
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