Hawa bte Haji Mohamed Hussain v Miranda

• Jurisdiction: Singapore
• Judgment Date: 30 August 1988
• Date: 30 August 1988
• Docket Number: Magistrate's Appeal No 463 of 1985
• Court: High Court (Singapore)

Hawa bte Haji Mohamed Hussain

Plaintiff

and

Miranda

Defendant

[1988] SGHC 66

Lai Kew Chai J

Magistrate's Appeal No 463 of 1985

High Court

Criminal Procedure and Sentencing–Appeal–Private summons–Appellant brought private summons against respondent–Respondent tried and convicted–Appellant appealing against respondent's sentence–Whether Public Prosecutor could intervene to withdraw appeal–Sections 247 (1) and 336 (1) Criminal Procedure Code (Cap 68, 1985 Rev Ed)–Article 35 (8) Constitution of the Republic of Singapore (1985 Rev Ed)

The appellant brought a private summons against the respondent. The respondent was convicted of voluntarily causing hurt and given a conditional discharge for one year. Dissatisfied with the sentence, the appellant appealed. At the hearing of the appeal, the deputy public prosecutor appeared and submitted that the notice of appeal should be rejected and that, at any rate, the Public Prosecutor was intervening to withdraw the appeal pursuant to the power conferred by s 336 (1) of the Criminal Procedure Code (Cap 68, 1985 Rev Ed) (“the Code”) and Art 35 (8) of the Constitution of the Republic of Singapore (1985 Rev Ed) (“the Constitution”).

Held, dismissing the appeal:

(1) Section 336 (1) of the Code gave the Public Prosecutor control and direction of proceedings under the Code. His discretion was entrenched in Art 35 (8) of the Constitution. Since the appeal was a proceeding under the Code, the Public Prosecutor could properly in his discretion intervene and withdraw the appeal: at [9].

(2) Further, as a matter of principle, it must be recognised that the interests of the State in a criminal matter which were entrusted to the Public Prosecutor were not always the same as those of a complainant who might have allowed his private passions and prejudices to creep into the conduct of a criminal appeal: at [9].

Ponniah v Lim [1960] MLJ 152 (refd)

Constitution of the Republic of Singapore (1985Rev Ed)Art 35 (8)

Criminal Procedure Code (Cap 68, 1985Rev Ed)ss 247 (1), 336 (1) (consd);ss 128 (1) (a),129-132,133 (1),249, 336 (4),336 (5),336 (6),336 (8)

Legal Profession Act (Cap 161, 1985Rev Ed)s 28 (1)

B Ganesh (Lim Ganesh & Liu) for the appellant

Rajan Nair (Rajan Nair) for the respondent

Ismail Hamid (Deputy Public Prosecutor) for the Public Prosecutor.

Judgment reserved.

Lai Kew Chai J

1 In Magistrate's Appeal No 463 of 1985 the petitioner, Hawa bte Haji Hussain, who brought a private...