An expansion of the prosecution’s disclosure obligation in Muhammad Nabill bin Mohd Fuad v Public Prosecutor [2020] SGCA 25

Abstract

ABSTRACT The criminal disclosure regime in Singapore has come a long way from the ‘dark age of disclosure’ prior to the disclosure obligations set out in the Criminal Procedure Code and Muhammad bin Kadar v Public Prosecutor [2011] SGCA 32. While cases such as Public Prosecutor v Li Weiming [2014] SGCA 7 and Lee Siew Boon Winston v Public Prosecutor [2015] SGHC 186 have seen some judicial oversight of the disclosure obligations, its extent has remained substantially the same. However, the decision in Muhammad Nabill bin Mohd Fuad v Public Prosecutor [2020] SGCA 25 has fundamentally increased the Prosecution’s disclosure obligations. This case note discusses these changes and their impact on the accused and Prosecutors.