Public Prosecutor v Shaifudin: Criminal Revision for Conviction Based on False Identity
In Public Prosecutor v Shaifudin, the High Court of Singapore heard a petition by the Public Prosecutor to set aside the conviction of the respondent, Shaifudin, due to mistaken identity. The respondent, Raja Izzuwin, had falsely identified himself as Shaifudin during a police check to avoid arrest for being absent without leave from the Singapore Civil Defence Force. He was subsequently convicted of parking offenses under Shaifudin's name. The court, presided over by Chief Justice Yong Pung How, allowed the petition, setting aside the conviction and sentence, finding that the conviction based on mistaken identity amounted to a miscarriage of justice.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Petition allowed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Public Prosecutor petitioned to set aside Shaifudin's conviction, which was procured on the basis of a false identity assumed by Raja Izzuwin. The High Court allowed the petition, setting aside the conviction.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Petitioner | Government Agency | Petition Allowed | Won | Christina Koh of Deputy Public Prosecutor |
| Shaifudin | Respondent | Individual | Conviction Set Aside | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Christina Koh | Deputy Public Prosecutor |
4. Facts
- Raja Izzuwin assumed the identity of Shaifudin during a police spot check.
- Raja Izzuwin did this to avoid detection for being absent without leave from SCDF.
- Shaifudin was wanted for 12 parking-related summonses.
- Raja Izzuwin maintained the false identity in court and pleaded guilty to Shaifudin's parking charges.
- Raja Izzuwin was sentenced to a fine and imprisonment in default.
- Raja Izzuwin's true identity was discovered in prison.
- The Public Prosecutor petitioned to set aside the conviction due to mistaken identity.
5. Formal Citations
- Public Prosecutor v Shaifudin, Cr Rev 5/2005, [2005] SGHC 66
6. Timeline
| Date | Event |
|---|---|
| Respondent assumed the identity of Shaifudin during a police spot check. | |
| Respondent produced in Court No 14 and case adjourned. | |
| Respondent pleaded guilty to 12 charges in the summonses. | |
| Respondent's true identity discovered at Queenstown Remand Prison. | |
| Respondent arrested for being absent without leave. | |
| Respondent pleaded guilty to charge under s 48(1) of the Civil Defence Act. | |
| Respondent pleaded guilty to charges under s 182 and s 205 of the Penal Code. | |
| High Court set aside the respondent’s conviction and sentence. |
7. Legal Issues
- Setting aside conviction procured on basis of false identity
- Outcome: The court set aside the conviction, holding that it was fundamentally erroneous and amounted to a miscarriage of justice.
- Category: Substantive
- Related Cases:
- [2002] 3 SLR 28
- [1999] 3 SLR 362
- [1996] 1 SLR 326
- [1996] 2 SLR 523
- [2001] 2 SLR 293
- [1997] 2 SLR 96
- [1996] 1 SLR 745
- [2004] SGHC 4
8. Remedies Sought
- Setting aside the conviction
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Criminal Appeals
- Criminal Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Koh Thian Huat v PP | High Court | Yes | [2002] 3 SLR 28 | Singapore | Cited for the principle that the High Court's revisionary powers are to correct miscarriages of justice. |
| Knight Glenn Jeyasingam v PP | High Court | Yes | [1999] 3 SLR 362 | Singapore | Cited for the principle that the High Court's revisionary powers are to correct miscarriages of justice. |
| Ang Poh Chuan v PP | High Court | Yes | [1996] 1 SLR 326 | Singapore | Cited for the principle that the court's revisionary jurisdiction requires serious injustice or a fundamental error. |
| Magnum Finance Bhd v PP | High Court | Yes | [1996] 2 SLR 523 | Singapore | Cited for the principle that the court's revisionary jurisdiction requires serious injustice or a fundamental error. |
| Ng Kim Han v PP | High Court | Yes | [2001] 2 SLR 293 | Singapore | Cited for the principle that a failure of justice exists where a person has been convicted despite the absence of an essential element of the offence. |
| Abdul Aziz bin Ahtam v PP | High Court | Yes | [1997] 2 SLR 96 | Singapore | Cited for the principle that a failure of justice exists where a person has been convicted despite the absence of an essential element of the offence. |
| Chen Hock Heng Textile Printing Pte Ltd v PP | High Court | Yes | [1996] 1 SLR 745 | Singapore | Cited as an example where petitions for criminal revision have been allowed where the Statement of Facts did not disclose all the necessary elements of the offence. |
| Abdul Munaf bin Mohd Ismail v PP | High Court | Yes | [2004] SGHC 4 | Singapore | Cited as an example where the court set aside a conviction based on mistaken identity. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Section 23 Supreme Court of Judicature Act (Cap 322, 1999 Rev Ed) | Singapore |
| Sections 266(1) Criminal Procedure Code (Cap 68, 1985 Rev Ed) | Singapore |
| Section 268(1) Criminal Procedure Code (Cap 68, 1985 Rev Ed) | Singapore |
| s 48(1) of the Civil Defence Act (Cap 42, 2001 Rev Ed) | Singapore |
| s 182 of the Penal Code (Cap 224, 1985 Rev Ed) | Singapore |
| s 205 of the Penal Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- False identity
- Mistaken identity
- Criminal revision
- Miscarriage of justice
- Revisionary powers
15.2 Keywords
- Criminal Law
- False Identity
- Criminal Revision
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 90 |
| Criminal Revision | 80 |
| False Identity | 70 |
| Civil Procedure | 10 |
16. Subjects
- Criminal Law
- Criminal Procedure