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The Law on the Retraction and Qualification of Pleas: Public Prosecutor v Dinesh s/o Rajantheran [2019] 1 SLR 1289 and the Way Forward

Yip Ting Yuan Darren

(2020) 32 SAcLJ 1230

Abstract:
A plea of guilt carries with it serious consequences. This article considers the ability of an accused person to retract and qualify such a plea in light of the recent Court of Appeal’s decision in Public Prosecutor v Dinesh s/o Rajantheran [2019] 1 SLR 1289 (“Dinesh”) and suggests that the relationship between the retraction and qualification of pleas has been and remains confusing and unsatisfactory. The article offers a broad overview of the law in the area, highlighting the issues, some of the difficulties with the Dinesh decision and offers suggestions for the way forward.