The New Section 308A and the Law on Accessory Liability

Abstract

The 2020 amendments of the Penal Code have sharpened the Prosecution's sword where it comes to dealing with accomplice liability in unintended homicide situations. However, the question remains - does Singapore require so many provisions dealing with this area of the law? In this article, the authors first set out the landscape of the criminal law vis-à-vis accomplice liability before 2020 (Sections I and II). The discussion then turns to section 308A itself, with an exploration of its theoretical justifications and a critique of section 308A's fit with the rest of the provisions dealing with accomplice liability (Section III). Here, the authors argue that it is not possible to apply section 308A in a principled fashion because of the unclear relationship that section 308A has with sections 34 and 149 (Section IV). Finally, the authors proffer an alternative approach, one that involves amending section 308A, so that there is greater coherence in the law dealing with accomplice liability (Section V).