Yong Vui Kong v PP: Extension of Time to Appeal Mandatory Death Sentence
In Yong Vui Kong v Public Prosecutor, the Court of Appeal of Singapore heard an application by Yong Vui Kong for an extension of time to pursue his appeal against his conviction and sentence of death for drug trafficking. The court allowed the application, treating the prior withdrawal of the appeal as a nullity due to a fundamental mistake by the applicant regarding his right to challenge the constitutionality of the mandatory death penalty. The court stayed the execution of the death sentence pending the appeal.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Allowed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Appeal allowed Yong Vui Kong to pursue his appeal against his sentence and conviction for drug trafficking, focusing on the constitutionality of the mandatory death penalty.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Allowed | Lost | Chua Ying-Hong of Attorney-General’s Chambers Edwin San of Attorney-General’s Chambers Jaswant Singh of Attorney-General’s Chambers |
| Yong Vui Kong | Applicant | Individual | Appeal Allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Sek Keong | Chief Justice | Yes |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
| V K Rajah | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Chua Ying-Hong | Attorney-General’s Chambers |
| Edwin San | Attorney-General’s Chambers |
| Jaswant Singh | Attorney-General’s Chambers |
| M Ravi | L F Violet Netto |
4. Facts
- The applicant was convicted of trafficking 47.27g of diamorphine.
- The applicant was sentenced to death on 14 November 2008.
- The applicant initially appealed but later withdrew his appeal.
- The President refused the applicant's petition for clemency.
- The applicant argued he was mistaken about his right to challenge the mandatory death sentence.
- The applicant's counsel argued the withdrawal was vitiated by mistake or wrong advice.
- The applicant had embraced Buddhism and felt uneasy proceeding with the appeal.
5. Formal Citations
- Yong Vui Kong v Public Prosecutor, Cr M 41/2009, [2009] SGCA 64
- Public Prosecutor v Yong Vui Kong, , [2009] SGHC 4
- Yong Vui Kong v Public Prosecutor, , [2009] SGHC 274
6. Timeline
| Date | Event |
|---|---|
| Applicant sentenced to death for drug trafficking | |
| Applicant's counsel informed the court of applicant's desire to withdraw his appeal | |
| Appeal withdrawn | |
| President refused clemency | |
| Applicant's brother informed of President's decision | |
| Criminal motion filed | |
| Oral application made for extension of time to pursue appeal | |
| Original date of execution | |
| Court allowed applicant to pursue appeal |
7. Legal Issues
- Extension of Time to Appeal
- Outcome: The court granted the extension of time, treating the prior withdrawal of the appeal as a nullity.
- Category: Procedural
- Constitutionality of Mandatory Death Penalty
- Outcome: The court allowed the applicant to re-argue the constitutionality of the mandatory death penalty.
- Category: Substantive
- Related Cases:
- [1980-1981] SLR 48
- [2005] 1 SLR 103
- Functus Officio
- Outcome: The court held that the functus officio principle did not apply because the withdrawal of the appeal was a nullity.
- Category: Jurisdictional
- Related Cases:
- [1994] 3 SLR 129
- [1994] 3 SLR 135
- [1995] 1 SLR 617
- [2003] 4 SLR 518
- [2006] 2 SLR 830
- Validity of Withdrawal of Appeal
- Outcome: The court determined that the applicant's withdrawal of his appeal was a nullity due to a fundamental mistake.
- Category: Procedural
- Related Cases:
- [1976] QB 779
- [2004] EWCA Crim 2826
- [1971] 2 MLJ 96
- Jurisdiction to Order Stay of Execution
- Outcome: The court held that s 251 of the Criminal Procedure Code does not apply to appeals from the High Court to the Court of Appeal.
- Category: Jurisdictional
8. Remedies Sought
- Extension of Time to Appeal
- Setting Aside Death Sentence
- Stay of Execution
9. Cause of Actions
- Drug Trafficking
10. Practice Areas
- Criminal Appeals
- Constitutional Law
11. Industries
- Law Enforcement
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Abdullah bin A Rahman v PP | Court of Appeal | Yes | [1994] 3 SLR 129 | Singapore | Cited as a case where the court refused to hear an application to adduce new evidence after judgment, holding that it was functus officio. |
| Lim Choon Chye v PP | Court of Appeal | Yes | [1994] 3 SLR 135 | Singapore | Cited as a case where the court held it had no jurisdiction to hear fresh evidence, emphasizing the need for finality in legal proceedings. |
| Jabar v PP | Court of Appeal | Yes | [1995] 1 SLR 617 | Singapore | Cited to support the principle that the Court of Appeal is functus officio after disposing of an appeal against conviction and confirming the death sentence. |
| Vignes s/o Mourthi v PP (No 3) | Court of Appeal | Yes | [2003] 4 SLR 518 | Singapore | Re-affirmed the principle that the court is functus officio after judgment. |
| Vignes s/o Mourthi v PP (No 2) | High Court | Yes | [2003] 4 SLR 300 | Singapore | Cited as the High Court decision that was appealed in Vignes s/o Mourthi v PP (No 3). |
| Koh Zhan Quan Tony v PP | Court of Appeal | Yes | [2006] 2 SLR 830 | Singapore | Cited as an exception to the functus officio principle, where the court could revisit its jurisdiction in the first hearing. |
| Yong Vui Kong v Public Prosecutor | High Court | Yes | [2009] SGHC 274 | Singapore | Cited for the High Court's decision to grant a stay of execution. |
| R v Medway | Court of Appeal | Yes | [1976] QB 779 | England and Wales | Cited for the 'nullity test' regarding abandonment of appeal, requiring that the applicant's mind did not go with the act of abandonment. |
| R v Burt (Gavin) | Court of Appeal | Yes | [2004] EWCA Crim 2826 | England and Wales | Followed R v Medway in applying the nullity test for abandonment of appeal. |
| Wee King Hock v Public Prosecutor | Federal Court of Malaysia | Yes | [1971] 2 MLJ 96 | Malaysia | Cited for the principle that an abandonment of appeal can be withdrawn only on the ground of special circumstances such as a mistake of fact. |
| Ong Ah Chuan v PP | Privy Council | Yes | [1980-1981] SLR 48 | Singapore | Cited as the decision upholding the constitutionality of the mandatory death penalty, which the applicant sought to re-argue. |
| Nguyen Tuong Van v PP | Court of Appeal | Yes | [2005] 1 SLR 103 | Singapore | Cited as a case where the court followed Ong Ah Chuan in upholding the mandatory death penalty. |
| Boyce v The Queen | Privy Council | Yes | [2005] 1 AC 400 | Unknown | Cited for the pronouncement that no international human rights tribunal has found a mandatory death penalty regime compatible with international human rights norms. |
| Watson v The Queen | Privy Council | Yes | [2005] 1 AC 472 | Unknown | Cited in relation to the constitutionality of the mandatory death penalty. |
| Matthew v State of Trinidad and Tobago | Privy Council | Yes | [2005] 1 AC 433 | Unknown | Cited in relation to the constitutionality of the mandatory death penalty. |
| Reyes v The Queen | Privy Council | Yes | [2002] 2 AC 235 | Unknown | Cited in relation to the constitutionality of the mandatory death penalty. |
| R v Joseph Douglas Peters | Unknown | Yes | (1974) 58 Cr App R 328 | Unknown | Cited regarding making a mistake as to his act and not making a mistake as to his prospect of success in pursuing his appeal against conviction. |
| R v Munisamy | Unknown | Yes | [1975] 1 All ER 910 | Unknown | Cited in the context of the decision in Medway. |
| Veerasingam v Public Prosecutor | Court of Appeal of the Federation of Malaya | Yes | [1958] MLJ 76 | Malaysia | Cited for the interpretation of s 310 of the Criminal Procedure Code of the Federation of Malaya, which is in pari materia with s 50 of the SCJA. |
| Jones v Curling | Unknown | Yes | (1884) 13 QBD 262 | Unknown | Cited in Veerasingam v Public Prosecutor regarding the discretion of the court. |
13. Applicable Rules
| Rule Name |
|---|
| Supreme Court (Criminal Appeals) Rules (Cap 322, R 6, 1997 Rev Ed) r 18(2) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2001 Rev Ed) s 5(1)(a) | Singapore |
| Misuse of Drugs Act (Cap 185, 2001 Rev Ed) s 33 | Singapore |
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) s 50 | Singapore |
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) ss 57(3) | Singapore |
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) ss 57(4) | Singapore |
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
| Criminal Procedure Code (Cap 68, 1985 Rev Ed) s 251 | Singapore |
| Criminal Procedure Code (Cap 68, 1985 Rev Ed) | Singapore |
| Constitution of the Republic of Singapore (1985 Rev Ed, 1999 Reprint) Art 9(3) | Singapore |
| Constitution of the Republic of Singapore (1985 Rev Ed, 1999 Reprint) Art 9(1) | Singapore |
| Constitution of the Republic of Singapore (1985 Rev Ed, 1999 Reprint) Art 12(1) | Singapore |
| Constitution of the Republic of Singapore Art 22P | Singapore |
| Republic of Singapore Independence Act (Act 9 of 1965) s 8 | Singapore |
| Constitution of the Republic of Singapore Art 93 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug Trafficking
- Mandatory Death Penalty
- Extension of Time
- Functus Officio
- Nullity
- Miscarriage of Justice
- Clemency
- Constitutionality
- Withdrawal of Appeal
15.2 Keywords
- Drug Trafficking
- Death Penalty
- Appeal
- Constitutionality
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Procedure | 95 |
| Criminal Law | 90 |
| Sentencing | 90 |
| Drug Crimes | 85 |
| Constitutional Law | 70 |
| Administrative Law | 40 |
| Arbitration | 10 |
16. Subjects
- Criminal Law
- Constitutional Law
- Appeals
- Drug Offences