2. Managing Mens Rea in Singapore - Singapore Academy of Law

18 SAcLJ 314 Managing Mens Rea in Singapore 371Rashness, negligence and section 304A of the Penal Code105 In the Ministry of Home Affairs’ recently-unveiled proposals toreform the Penal Code, 167 an intention is expressed to formally bifurcatesection 304A – where death is caused by a rash act, the maximum penaltyshall be five years’ imprisonment; where it is caused by a negligent act, themaximum remains at two years’ imprisonment. This would enforce theconceptual distinction between rashness (or recklessness) and negligence,but while five years for the reckless causing of death is perhapsconceivable, one must think very hard for a situation in which two years’imprisonment might be thought to be an appropriate punishment for anegligence offence.167 The Ministry’s consultation paper and draft Penal Code (Amendment) Bill areavailable at (accessed22 December 2006).