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alternative sentencingabnormality of mind
Nagaenthran a/l K Dharmalingam v PP
Nagaenthran a/l K Dharmalingam v Public Prosecutor [2019] SGCA 37; [2019] 2 SLR 216
Key Principle
For the purposes of the alternative sentencing regime in s 33B of the Misuse of Drugs Act, an 'abnormality of mind' under s 33B(3)(b) requires a recognised psychiatric condition that substantially impairs the offender's mental responsibility; impaired ability to assess risks is insufficient, and the Public Prosecutor's decision whether to issue a certificate of substantive assistance is reviewable only for bad faith, malice or unconstitutionality.
Area of Law
criminal
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