Law 311 – Criminal Law, Procedure and Evidence – Ray Case Study Analysis

Question 1

In the following question, candidates are required to “advise” someone, or to provide someone with “advice”. This means candidates are required to

• Indicate the various sources of the relevant law
• Demonstrate understanding of legal concepts, values, principles and procedures of law
• Analyse fact patterns to identify relevant issues of law, fact and procedure
• Interpret the relevant rule of substantive law, procedure or evidence relevant to the issues identified
• Apply the relevant laws and principles to come to a conclusion on the issues
• Formulate an opinion and provide a solution based on the conclusions

In doing so, you are required to:

• Discuss critically, competing arguments in the relevant case law and make a reasoned choice between alternatives
• Examine ideas, concepts and arguments in the English language and legal terminology with care and accuracy
• Employ information technology in an office environment for the search for information and in the preparation of your opinion.

1. This is a continuation of the narrative concerning Ray and the collision on 5 February 2026.

• On 5 February 2026, when IO Alfred entered the room at about 4pm and introduced himself to Ray as his IO, Ray asked him where the van was and what would happen to the van. IO Alfred replied that the van had been towed to TP’s vehicle pound for a full vehicle inspection to be conducted on it. Ray pleaded with IO Alfred to allow him to contact his supervisor to inform his supervisor about the collision and for his supervisor to arrange for someone to collect the parcels from the van. Ray also pleaded with IO Alfred to allow him to telephone his wife to inform her about the collision and that he was in police custody.

• IO Alfred told Ray that he could not telephone anyone until after he had been interviewed and had “given a proper statement”. Ray asked IO Alfred how long the interview would take. IO Alfred replied, “Well, that really depends on how cooperative you are. The more you talk, the faster we will end. You give me a good statement, I will know what to do on my part. It’s really up to you.”

• Having heard IO Alfred, Ray decided to get started on the interview so that it could end as quickly as possible and he could make the necessary telephone calls to his supervisor and his wife. He answered IO Alfred’s questions as best as he could, although he really did not know how the collision had occurred. He recalled IO Alfred asking him a few questions and IO Alfred typing many things on his laptop. He could not see what IO Alfred was typing as they were seated opposite each other. IO Alfred did not play the in-vehicle footage for Ray to view what the van’s front-facing camera had recorded. At the end of the interview, IO Alfred printed out the statement, handed it to Ray and told Ray to “Read and then sign it.” Ray browsed through the statement quickly and signed it. Ray asked IO Alfred for a copy of the investigation statement for his own reference but IO Alfred said no.

• At about 7pm, Ray was given a packet of economy rice and a cup of hot milk tea for his dinner. He then waited alone in the room.

• At about 9pm, IO Alfred returned to the room with some documents and informed Ray that the elderly man was undergoing surgery for multiple fractures in his legs. IO Alfred informed Ray that he might be charged in court for the offence of “Dangerous driving causing grievous hurt” under section 64 of the Road Traffic Act 1961 because of the severity of the elderly man’s injuries. IO Alfred read the charge to Ray and asked Ray what he wished to say in response to the charge. He asked Ray if he wanted to write his cautioned statement himself. Ray nodded and IO Alfred handed the documents and a pen to Ray. Ray wrote, “I am sorry for causing the old man to be injured. I hope that he will be okay. I really did not see him at the junction. If not, I would have avoided him. I plead for leniency.” As instructed by IO Alfred, Ray signed on the documents. At about 10pm, IO Alfred handed a copy of Ray’s charge and cautioned statement to Ray and told him that he could be bailed out, as described at paragraph 17 of TMA01.

• Ray’s charge read:

“You,

Ray Tan Choon Kiat Male/ 26 years old

Date of Birth: 01 January 1998 Singapore citizen are charged that you, on 5 February, did drive your motor vehicle on a road carelessly and in a manner which was dangerous to the public, and caused grievous hurt, and you have thereby committed an offence under section 64 of the Road Traffic Act 1961.”

• During your client interview with Ray, he handed to you the copy of the charge and cautioned statement that IO Alfred had given to him. He did not have a copy of his investigation statement.

• Ray informed you that it was raining heavily at the time of the collision, and he could not see the road very well. He was not sure whether the traffic light had turned Green in his favour when he accelerated his van towards the junction. He did not see the elderly man on the bicycle at all and did not know when or how the elderly man had appeared at the pedestrian crossing. He did not realise what his van had hit until after he alighted from the van and saw the bicycle and the elderly man on the road.

1. Ray informed you that he might have made certain admissions in his investigation statement to IO Alfred which he might not be certain about. He was anxious for the interview to be over as soon as possible and agreed with many things that IO Alfred had said to him. Ray is worried that the Police would charge him in court and would use his statements against him. At this stage, Ray is not prepared to admit any wrongdoing until he has a better idea of how the collision had occurred and the evidence against him.

As Ray’s defence counsel, advise Ray on:

1. Whether and when Ray can obtain a copy of his investigation statement so that he has a better idea of what he had admitted to the Traffic Police.

• Whether and when Ray can view or obtain a copy of the in-vehicle footage and when the van can be returned to him.

• Whether Ray’s investigation statement had been properly recorded by IO Alfred, how the Prosecution may use Ray’s statements against him if the case goes to court and whether there are any grounds for Ray to challenge his statements so that they cannot be used against him.

• Whether Ray’s charge had been drafted correctly. If not, draft Ray’s charge according to how IO Alfred should have drafted it.

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Experts Answer on Above Question on Ray Case Study on Law

Obtaining investigation statement

Yes it is possible for Ray to obtain his investigation statement but the timing and the route defence on the procedural stage. The investigation statement of Ray is recorded under Section 22 criminal procedure code 2010 which requires a statement to be in writing and signed by the person. Ray should make use of his Defence Council to request this statement, and he should not have to wait until trial to know what the prosecution intends to rely on.

Obtaining in vehicle footage

It is possible for Ray to obtain the in vehicle footage, but he does not have any unrestricted right to receive every piece of investigative material immediately. The front facing camera of the Van footage is highly important and it can directly affect whether the prosecution can establish that Ray drove recklessly. It is therefore advised to Ray to make a written request for the in vehicle footage, and any related photograph in relation to the footage.

Returning the Van

The policemen retain the van until it is relevant to the investigation or proceedings. As per section 35 CPC, police can seize a property provided it suspects it to have been used in an offence. So if the vehicle inspection is complete, Ray can request its release.

Recording of investigation statements

With respect to the recording of statements, there are possible questions with respect to the recording process but the statement is not automatically inadmissible. As per section 22 CPC, in case of a statement of a person being recorded in writing, it should be read over to him, interpreted properly if it is not written in English, and signed by him. In the given scenario, Ray browsed through and signed it. This is an important factual issue concerning the case.

Utilising Ray’s investigation statement

Yes it is possible for the prosecution to use Ray’s investigation statement because section 258 (1) CPC states that a statement can be admitted as evidence. This implies that the statement given by Ray can be used against him even though he did not intend to admit any kind of wrong doing.

Analysis of cautioned statement

The cautioned statement of Ray was made after he was informed that he might be prosecuted. As per section 23 CPC, it is important that Ray needs to be served with or read the prescribed notice explaining the charge and winding him about the consequences of failing to mention facts that form a part of his defence.

Recording of investigation statement audio visually

With respect to recording the investigation statement audio visually, it needs to be checked against the third schedule CPC and also the exact offence for which Ray was being investigated. However if the type of offence requires audio visual recording, and none of the statutory exceptions are applied, the failure to record it would result in a procedural issue. Section 23 (3C) clearly states that non compliance with the audio visual requirement does not amount to automatic inadmissibility of the statement.

Drafting of Rays charge

It was not correctly drafted because there is a drafting problem identified.

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