Kiew Ah Cheng David v Public Prosecutor: Appeal Against High Court's Dismissal of Criminal Motion
In Kiew Ah Cheng David v Public Prosecutor, the Court of Appeal of Singapore dismissed the appellant's appeal against the High Court's decision to dismiss his criminal motion for an extension of time to file a notice and petition of appeal. The appellant was initially convicted in a Magistrate's Court for driving without due consideration. The Court of Appeal held that it lacked jurisdiction to hear the appeal because the High Court's decision was made in its appellate, not original, jurisdiction.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal Dismissed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Appeal dismissed Kiew Ah Cheng David's appeal, holding it lacked jurisdiction to review the High Court's decision to dismiss a criminal motion for extending the time to appeal.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Dismissed | Won | Vincent Leow of Deputy Public Prosecutors Nor'Ashikin Samdin of Deputy Public Prosecutors |
| Kiew Ah Cheng David | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
| Kan Ting Chiu | Judge | No |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Vincent Leow | Deputy Public Prosecutors |
| Nor'Ashikin Samdin | Deputy Public Prosecutors |
| Peter Ezekiel | Phoeng & Co |
4. Facts
- Appellant was convicted of driving without due consideration.
- Appellant filed a notice of appeal against sentence only.
- Appellant failed to file a petition of appeal within the stipulated time.
- Appellant sought an extension of time to file his notice of appeal against conviction.
- High Court dismissed the application for an extension of time.
- Appellant appealed to the Court of Appeal against the High Court's decision.
5. Formal Citations
- Kiew Ah Cheng David v Public Prosecutor, CCA 6/2006, [2007] SGCA 2
6. Timeline
| Date | Event |
|---|---|
| Appellant convicted in Magistrate’s Court | |
| Appellant sentenced in Magistrate’s Court | |
| Appellant filed notice of appeal against sentence | |
| Magistrate gave grounds of decision | |
| Appellant applied to High Court for extension of time | |
| Criminal Motion heard in High Court | |
| Appeal dismissed |
7. Legal Issues
- Jurisdiction of the Court of Appeal
- Outcome: The Court of Appeal held that it lacked jurisdiction to hear the appeal because the High Court's decision was made in its appellate, not original, jurisdiction.
- Category: Jurisdictional
- Extension of Time to File Appeal
- Outcome: The court did not rule on the merits of the High Court's refusal to grant an extension of time, as it lacked jurisdiction.
- Category: Procedural
8. Remedies Sought
- Setting aside the High Court's decision
- Extension of time to file appeal
9. Cause of Actions
- Driving a motor vehicle without due consideration
10. Practice Areas
- Criminal Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Wong Hong Toy v PP | Court of Appeal | Yes | [1984-1985] SLR 298 | Singapore | Cited for the principle that an appellate court's powers are granted by statute. |
| Microsoft Corporation v SM Summit Holdings | Court of Appeal | Yes | [2000] 2 SLR 137 | Singapore | Cited for the principle that an appellate court's powers are granted by statute. |
| Lim Choon Chye v PP | Court of Appeal | Yes | [1994] 3 SLR 135 | Singapore | Cited for the principle that an appellate court's powers are granted by statute. |
| Wong Hong Toy v PP | High Court | Yes | [1994] 2 SLR 396 | Singapore | Cited to support the view that an application for leave to appeal is intertwined with the appeal itself, thus falling under appellate jurisdiction. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| s 65 of the Road Traffic Act (Cap 276, 2004 Rev Ed) | Singapore |
| Section 247(4) of the Criminal Procedure Code (Cap 68, 1985 Rev Ed) | Singapore |
| Section 247(7) of the Criminal Procedure Code (Cap 68, 1985 Rev Ed) | Singapore |
| s 250 of the Criminal Procedure Code (Cap 68, 1985 Rev Ed) | Singapore |
| s 29A of the Supreme Court of Judicature Act (Cap 322, 1999 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Appellate jurisdiction
- Original jurisdiction
- Extension of time
- Criminal motion
- Petition of appeal
- Notice of appeal
15.2 Keywords
- Criminal appeal
- Jurisdiction
- Extension of time
- Road Traffic Act
- Criminal Procedure Code
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Road Traffic Act | 90 |
| Criminal Procedure | 70 |
| Civil Procedure | 30 |
| Administrative Law | 10 |
| Property Law | 10 |
16. Subjects
- Criminal Law
- Civil Procedure
- Jurisdiction