The "Dead" constitution: Crime and punishment in singapore

Abstract

In Yong Vui Kong v Public Prosecutor, the Singapore Court of Appeal recently reaffi rmed the constitutionality of the mandatory death penalty for drug traffic cking offences under the Misuse of Drugs Act. Specifi cally, the Singapore Court held that the judicial obligation to impose a capital sentence, once guilt for the drug offence was so established, was neither a violation of the accused's constitutional right against the deprivation of his life in accordance with law nor a denial of his right to equal protection under the law. In this article, the author argues that, whilst one may be sympathetic to their Lordships for reaching the result they did, in light of the political realities underpinning Singapore's constitutional arrangement, the legal arguments advanced by the Court of Appeal for their decision unfortunately do not withstand close scrutiny.