Salwant Singh v PP: Review of Preventive Detention and Unlawful Detention Claims
Salwant Singh applied to the High Court of Singapore on 2008-09-24 for a review of his 20-year preventive detention sentence, claiming unlawful detention. Tay Yong Kwang J dismissed the application, citing that the applicant was attempting to reopen his conviction and sentence, which had already been determined by a court of competent jurisdiction and affirmed on appeal. The court found the application to be a vexatious abuse of process.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Salwant Singh seeks review of his 20-year preventive detention. The High Court dismisses his application, finding it a vexatious attempt to reopen his conviction.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Application dismissed | Won | Christopher Ong Siu Jin of Deputy Public Prosecutor |
| Salwant Singh s/o Amer Singh | Applicant | Individual | Application dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Christopher Ong Siu Jin | Deputy Public Prosecutor |
4. Facts
- The applicant is serving a 20-year preventive detention sentence.
- The applicant pleaded guilty to five charges of cheating under s 420 of the Penal Code.
- The applicant consented to have 760 similar charges taken into consideration.
- The Chief Justice enhanced the applicant's sentence to 20 years on appeal.
- The applicant filed multiple applications seeking to overturn his conviction and sentence.
- The Court of Appeal dismissed previous applications by the applicant.
- The applicant claimed his conviction was unlawful and sentence illegal.
5. Formal Citations
- Salwant Singh s/o Amer Singh v Public Prosecutor, Cr M 17/2008, [2008] SGHC 164
6. Timeline
| Date | Event |
|---|---|
| Applicant pleaded guilty to five charges of cheating. | |
| Applicant was sentenced to 12 years’ preventive detention. | |
| Yong Pung How CJ dismissed applicant’s appeal and enhanced the sentence to 20 years. | |
| Applicant filed Criminal Motion No. 9 of 2004 for review of property seizure. | |
| Lai Siu Chiu J dismissed Criminal Motion No. 9 of 2004. | |
| Choo Han Teck J dismissed Criminal Motion No. 16 of 2004. | |
| Lai Kew Chai J dismissed Criminal Motion No. 20 of 2004. | |
| Court of Appeal dismissed Criminal Motion No. 18 of 2004. | |
| Court of Appeal dismissed Criminal Appeal No. 15 of 2004. | |
| High Court dismissed the application for review of detention. |
7. Legal Issues
- Unlawful Detention
- Outcome: The court held that the applicant's detention was lawful as it was ordered by a court of competent jurisdiction and the appeal had been heard.
- Category: Substantive
- Related Cases:
- [1967] 1 MLJ 74
- Abuse of Court Process
- Outcome: The court found that the applicant was abusing the process of the court by repeatedly attempting to reopen his conviction and sentence.
- Category: Procedural
- Related Cases:
- [1998] 1 SLR 374
8. Remedies Sought
- Order to produce the applicant before the High Court
- Review of the applicant’s continued and unlawful detention
- Applicant’s immediate and unconditional release
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Criminal Law
- Habeas Corpus
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Salwant Singh v PP | Court of Appeal | Yes | [2005] 1 SLR 36 | Singapore | Cited to show that the applicant had exhausted all avenues of appeal in relation to his conviction and sentence. |
| Salwant Singh s/o Amer Singh v PP (No. 2) | Court of Appeal | Yes | [2005] 1 SLR 632 | Singapore | Cited to reiterate that the applicant had exhausted all legal recourse regarding his conviction and sentence and that his applications were vexatious. |
| Gabriel Peter & Partners v Wee Chong Jin | N/A | Yes | [1998] 1 SLR 374 | Singapore | Cited for the principle that the court will prevent the improper use of its machinery. |
| Re Gurbachan Singh’s Application | High Court | Yes | [1967] 1 MLJ 74 | Malaysia | Cited for the principle that habeas corpus is not a means of appeal against conviction and sentence. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Criminal Procedure Code (Cap 68, 1985 Rev Ed) s 327 | Singapore |
| Constitution Article 9(2) | Singapore |
| Penal Code (Cap 224, 1985 Rev Ed) s 420 | Singapore |
| Supreme Court of Judicature Act (Cap 322, 1999 Rev Ed), s 50 | Singapore |
| Criminal Procedure Code s 335 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Preventive detention
- Order for Review of Detention
- Unlawful detention
- Vexatious application
- Abuse of process
- Habeas corpus
15.2 Keywords
- Preventive detention
- Habeas corpus
- Criminal procedure
- Singapore High Court
- Unlawful detention
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sentencing | 90 |
| Criminal Procedure | 90 |
| Criminal Law | 80 |
| Criminal Revision | 70 |
| Constitutional Law | 60 |
16. Subjects
- Criminal Law
- Constitutional Law
- Civil Procedure