ABSTRACT
This article examines constitutional challenges to the mandatory death sentence in Singapore, with particular reference to the most recent case of Yong Vui Kong v. Public Prosecutor (2010). It discusses whether the Court of Appeal was too hasty in disregarding more recent jurisprudence of the Privy Council, which held the mandatory death sentence as a form of inhuman treatment or punishment. It also examines the customary international law prohibition of the mandatory death penalty, and the imposition of the mandatory death penalty for drug offences as a breach of the equality guarantee in Singapore’s constitution. The article reveals a dismal future for a nuanced and sensible approach towards drug crime in Singapore, in that the latest case closes off many avenues for constitutional litigation.
