Spirit and intendment

February 9, 2018

I don’t believe, the crux of the issue in the CHC case hinges entirely on a literal interpretation of black letter law. If that were really true. Then we could all just relegate judges into the garbage heap and instal computers to preside as judges over court cases. But the reason why no judicial system will ever do that is simply because there exist real limits to words along with intentions as to what they actually mean in different context, situations and times.

As such for any coherent legal system to work….judges are often given discreationary powers to either extend or limit the ambit of the law. That is to say they exist simply for one purpose and that is to be the most flexible component in an otherwise rigid and uncomprising legal process.

That is why as much as I endeavour to understand why the sentences were reduced in the way they were. There exist no coherent means for me to understand the ratio decidendi….I do not understand how it is possible given the commitment to time (one of the most protracted criminal cases of CBT in Singapore history), largesse of state resources and considerable expense to taxpayer how justice was not seen to be done in this case.

I don’t understand. I have made numerous requests for people to beacon out the murk…my brain hurts.

——————————————————————————

‘I told him the ladder was missing a full rung. He assured me that it would not present a risk to life and limb as all he needs to do is climb over the missing rung…which he insisted was no sweat. So he went ahead. And although he had previously climbed the same ladder with the missing rung and descended on countless occasions without any fuss….on this one occasion he fell right thru the space where the rung should have been.

Now whose fault is that?’

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