Singapore legislation
Section 22
Section 22
Offences due to default of third person
(1)
A person against whom proceedings are brought for an offence under this Part or any subsidiary legislation made under this Part is, upon information duly laid by the person and on giving to the prosecutor not less than 7 clear days’ notice of the person’s intention to avail himself, herself or itself of this subsection entitled to have brought before the court in those proceedings any other person to whose act or default the person alleges that the commission of the offence was due; and if, after the offence has been proved, the original defendant proves that the commission of the offence was due to an act or default of that other person —
that other person may be convicted of the offence; and
if the original defendant further proves that the original defendant exercised all due diligence to avoid the commission of the offence by the original defendant or any person under the original defendant’s control, the original defendant must be acquitted of the offence.
(2)
Where a defendant seeks to avail himself, herself or itself of subsection (1) —
the prosecutor, as well as the person whom the defendant charges with the offence, has the right to cross‑examine the defendant, if the defendant gives evidence, and any witness called by the defendant in support of the defendant’s pleas, and to call rebutting evidence; and
the court may make any order that it thinks fit for the payment of costs by any party to the proceedings to any other party to the proceedings.
(3)
Where it appears to any authority by or on behalf of whom proceedings of such an offence may be instituted that such an offence has been committed by some person (A), and that authority is reasonably satisfied that the offence was due to an act or default of some other person (B) and that A could establish a defence under subsection (1), that authority may take or authorise the taking of proceedings against B without first taking or authorising the taking of proceedings against A; and in any such proceedings B may be charged with, and, on proof that the commission of the offence was due to B’s act or default, be convicted of, the offence with which A might have been charged.
(4)
Where by virtue of subsection (3) a person is charged with an offence with which some other person might have been charged, the reference in section 21(7) to articles or goods sold by or in the possession of the person charged is to be construed as a reference to articles or goods sold by or in the possession of that other person.