Mohammad Faizal bin Sabtu and another v Public Prosecutor and another matter
Jurisdiction | Singapore |
Court | Court of Three Judges (Singapore) |
Judge | Chao Hick Tin JA |
Judgment Date | 11 January 2013 |
Neutral Citation | [2013] SGCA 1 |
Citation | [2013] SGCA 1 |
Subject Matter | Criminal Procedure |
Date | 11 January 2013 |
Published date | 25 January 2013 |
Defendant Counsel | Tan Ken Hwee, Sandy Baggett and Kwek Chin Yong (Attorney-General's Chambers) |
Plaintiff Counsel | S K Kumar (M/s S K Kumar Law Practice LLP) |
Docket Number | Criminal Motions No 36 and 37 of 2012 |
Hearing Date | 04 September 2012 |
These two Criminal Motions arose out of an answer given by the High Court on two separate questions of law stated for the High Court’s determination pursuant to s 395 of the Criminal Procedure Code (Act 15 of 2012) (“the CPC 2010”) relating to the constitutionality of certain provisions in s 33A of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) (“the MDA”).
In
Does s 33A(1)(a), (d), &/or (e) of the MDA violate the separation of powers embodied in the Constitution of the Republic of Singapore in requiring the court to impose a mandatory minimum sentence as prescribed thereunder, with specific reference to “admission” as defined in s 33A(5)(c) of the MDA?
In
Does s 33A(5)(a) of the MDA violate the separation of powers embodied in the Constitution of the Republic of Singapore in deeming a previous conviction for consumption of a controlled drug as a conviction for consumption of a specified drug, and thereby requiring the court to impose a mandatory minimum sentence as prescribed in s 33A(1) of the MDA?
The stated questions in both Special Case No 1 and No 2 (collectively, “the Special Cases”) raised fundamental issues of constitutional law in the context of the principle of separation of powers as to the role of the Legislature, the Executive and the Judiciary in the punishment of offenders under our criminal justice system.
The High Court (
In light of the High Court’s decision in the Special Cases, the Applicants applied, pursuant to s 397 of CPC 2010, for leave to refer the same two questions of law to this court on the ground that such reference was in the public interest.
On 4 September 2012, after hearing arguments from the parties, we dismissed both Criminal Motions for leave. We now give our reasons for the decision.
The background facts The background facts relating to the Special Cases are succinctly set out in the written grounds of decision for Special Case No 1 at [5] and Special Case No 2 at [1]-[6]. Briefly, the 1
The Applicants were represented by the same counsel, Mr S K Kumar, who made a joint submission on behalf of both Applicants. He submitted that leave ought to be granted as the questions posed engaged the public interest and were not free of doubt despite the High Court’s decisions in the Special Cases. The bulk of Mr Kumar’s arguments focused on why he thought the grounds of decision rendered in the Special Cases were wrong in law.
The Respondent’s arguments The Respondent, on the other hand, submitted that leave ought not be granted for the following reasons:
To better appreciate the scheme of points reserved to the relevant courts under the CPC 2010, it is necessary that we first refer to the relevant provisions,
... Application to state case directly to Court of
To continue reading
Request your trial-
AG v Mah Kiat Seng
...2 SLR 794 (refd) Mah Kiat Seng v PP [2011] 3 SLR 122 (refd) Mah Kiat Seng v PP [2011] 3 SLR 859 (refd) Mohammad Faizal bin Sabtu v PP [2013] 2 SLR 141 (refd) PP v Mah Kiat Seng [2010] SGDC 315 (refd) Public Service Commission v Lai Swee Lin Linda [2001] 1 SLR (R) 133; [2001] 1 SLR 644 (refd......
-
Public Prosecutor v GCK and another matter
...remain unchanged. These four conditions were identified in Mohammad Faizal bin Sabtu and another v Public Prosecutor and another matter [2013] 2 SLR 141 (“Mohammad Faizal”) at [15] as follows: first, the reference to the Court of Appeal can only be made in relation to a criminal matter deci......
-
Public Prosecutor v Lam Leng Hung and others
...appeal in criminal matters. As this Court explained in Mohammad Faizal bin Sabtu and another v Public Prosecutor and another matter [2013] 2 SLR 141 (“Mohammad Faizal”) at [21], a liberal construction of s 397 so as to freely allow criminal references to be brought would “seriously undermin......
-
Public Prosecutor v Leng Kah Poh
...questions posed to it. The four requirements were stated in Mohammad Faizal bin Sabtu and another v Public Prosecutor and another matter [2013] 2 SLR 141 at [15]: The reference must be made in relation to a criminal matter decided by the High Court in the exercise of its appellate or revisi......
-
Criminal Procedure, Evidence and Sentencing
...with the latest edition of the Criminal Procedure Code (Cap 68, 2012 Rev Ed) (‘CPC’)) in Mohammad Faizal bin Sabtu v Public Prosecutor[2013] 2 SLR 141 (‘Mohammad Faizal’) nonetheless makes it necessary reading. The genesis of Mohammad Faizal was an unsuccessful petition to the High Court co......
-
Criminal Procedure, Evidence and Sentencing
...[2009] 3 SLR(R) 47. 31 Sukla Lalatendu v Public Prosecutor [2018] 5 SLR 1183 at [21]. 32 Mohammad Faizal bin Sabtu v Public Prosecutor [2013] 2 SLR 141 at [15]. 33 [2018] 1 SLR 659. 34 Public Prosecutor v Lam Leng Hung [2018] 1 SLR 659 at [60]. 35 Public Prosecutor v Lam Leng Hung [2018] 1 ......