Clarity In The Penal Code Definition Of Strict Liability
Ivan Lee
Citation: [2021] Sing JLS 332
In 2019, a new definition for strict liability was introduced to the Penal Code as part of the historic
Criminal Law Reform Act. Since this provision, section 26H, was designed to clarify the law, this
article explores whether it can achieve that goal. By examining the intellectual history and recent
judicial practice of strict liability in Singapore, I argue that section 26H succeeds in entrenching
the “formal” or “elemental” approach to the concept. This is an advancement over the legal thought
of the pre-reform era, in which the compatibility of strict liability with the Penal Code was widely
doubted. However, the usefulness of section 26H to the statutory interpretation of specific offences
is questionable. Indeed, section 26H must itself be interpreted carefully, or the law may become
dangerously unstable. This illustrates the elusiveness of legal clarity and the limits of criminal law
reform via codification.