General Defences in Criminal Law Singapore protect individuals who may have committed an act that appears unlawful — but who had a valid legal reason or excuse under the law. These defences, also known as general exceptions, ensure that justice is fair and that innocent or blameless people are not punished.
Under Singapore’s Penal Code (Sections 76–106), these general defences can completely absolve a person of criminal responsibility if the court is satisfied that the defence applies.
What Are General Defences in Criminal Law Singapore?
In Singapore, general defences are legal explanations that justify or excuse an act that would otherwise be a crime. They can apply to many offences and are not limited to a single law.
For example, a person may not be guilty if they acted in self-defence, were of unsound mind, acted under duress, or made an honest mistake of fact. These defences focus on why the person acted as they did, not just what they did.
Types of General Defences in Criminal Law Singapore
General defences are often grouped into two broad categories:
- Justifications – where the act is considered right under the circumstances (e.g. self-defence).
- Excuses – where the act is wrong, but the person had a valid reason and should not be held responsible (e.g. duress or insanity).
Both types are designed to make the criminal justice system fairer and more humane.
Main General Defences Recognised in Singapore
1. Self-Defence (Right of Private Defence)
A person has the right to protect themselves, others, or property from harm.
Under Sections 96–106 of the Penal Code, self-defence is a valid general defence in criminal law Singapore if:
- The threat was immediate or real, and
- The force used was reasonable and not excessive.
If someone uses more force than necessary, this defence might fail.
2. Unsoundness of Mind (Insanity Defence)
If, at the time of the act, a person was suffering from a mental disorder that made them unable to understand what they were doing or that it was wrong, they may not be held criminally responsible.
Instead of punishment, the court may order psychiatric treatment or confinement.
3. Intoxication
This defence applies only if intoxication was involuntary — for instance, if someone’s drink was spiked without their knowledge.
Voluntary drunkenness or drug use does not excuse a crime. The accused must prove that intoxication made them incapable of forming criminal intent.
4. Duress (Being Forced to Commit an Offence)
If someone commits a crime because they were threatened with death or serious harm, they may raise the defence of duress.
The threat must be:
- Immediate and serious, and
- Leave the accused with no reasonable chance to escape.
This defence does not apply to very serious offences like murder.
5. Mistake of Fact
If a person honestly and reasonably believes something to be true, and that belief makes their act lawful, it can be a defence.
For example, taking someone else’s item believing it was yours is not theft if the belief was genuine and reasonable.
6. Accident or Misadventure
If harm occurs by accident while doing something lawful and without negligence, the person is not criminally liable.
For example, accidentally injuring someone while performing a lawful act carefully may be excused under this defence.
How Courts Assess General Defences
When an accused raises a general defence in criminal law, the court looks at:
- The evidence supporting the defence
- Whether the act was reasonable and proportionate
- The credibility of the accused’s belief or perception
The accused must usually prove the defence on the balance of probabilities (meaning it’s more likely true than not). Once that’s done, the prosecution must show that the defence doesn’t apply.
Why General Defences Are Important in Singapore’s Legal System
General defences ensure fairness by recognising that:
- People sometimes act out of necessity or fear
- Some may lack control or understanding of their actions
- The justice system should consider intent, circumstances, and mental state, not just the act itself
These defences reflect Singapore’s commitment to a balanced and compassionate criminal justice system.
Get Legal Help for Criminal Defence in Singapore
Understanding general defences in criminal law Singapore can be complex. Whether it’s self-defence, duress, mistake, or insanity, each case depends on detailed facts and strong evidence.
At Adel Law LLC, our experienced lawyers can help you:
- Identify applicable defences
- Prepare the necessary legal arguments
- Protect your rights in court
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