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Non-Insane Automatism and the Singapore Penal Code: Public Prosecutor v Ong Jun Yong [2022] SGMC 37

Chan Wing Cheong

(2023) 35 SAcLJ 395

Abstract:
Decisions from the lowest tier of the judicial hierarchy are normally ignored because they do not have precedential value. However, the case of Public Prosecutor v Ong Jun Yong [2022] SGMC 37 should be studied closely as this is the first time that the concept of automatism (ie, involuntariness) in general, and non-insane automatism in particular, have been analysed by the Singapore Judiciary in a criminal case. This comment argues that there is a need for intervention by the Legislature to clarify if non-insane automatism is in fact recognised in Singapore’s criminal law and if so, what its precise parameters are.