Mohamed Hisham v PP: Interpretation of Criminal Procedure Code on Bail for Drug & Moneylending Offences
In Mohamed Hisham bin Sapandi v Public Prosecutor, the High Court of Singapore, on 18 August 2011, addressed the interpretation of s 95(1)(a) of the Criminal Procedure Code concerning bail for offences punishable with imprisonment. The court held that the provision applies only to Subordinate Courts, granting bail to Mohamed Hisham, who was awaiting trial on drug and moneylending charges.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Bail granted to the applicant.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court interpreted s 95(1)(a) of the Criminal Procedure Code, holding it applies only to Subordinate Courts, granting bail.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Lost | Lost | G Kannan of Attorney-General’s Chambers Sanjna Rai of Attorney-General’s Chambers |
| Mohamed Hisham bin Sapandi | Applicant | Individual | Bail Granted | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| G Kannan | Attorney-General’s Chambers |
| Sanjna Rai | Attorney-General’s Chambers |
| Ramesh Tiwary | Ramesh Tiwary |
4. Facts
- The applicant was awaiting trial on eight charges under the Misuse of Drugs Act.
- The applicant was also facing three charges under the Moneylenders Act.
- The Subordinate Court denied bail based on s 95(1)(a) of the Criminal Procedure Code.
- The High Court granted bail provisionally pending further submissions.
- The Misuse of Drugs Act s 10 has a minimum sentence of a fine, despite having a maximum sentence of 20 years imprisonment.
5. Formal Citations
- Mohamed Hisham bin Sapandi v Public Prosecutor, Criminal Motion No 42 of 2011, [2011] SGHC 190
6. Timeline
| Date | Event |
|---|---|
| Hearing of the criminal motion; bail granted provisionally. | |
| Judgment issued. |
7. Legal Issues
- Interpretation of s 95(1)(a) of the Criminal Procedure Code
- Outcome: The court held that the phrase refers to offences with a minimum sentence of 20 years or more and that s 95(1)(a) applies only to the Subordinate Court.
- Category: Statutory
- Sub-Issues:
- Meaning of 'imprisonment for a term of 20 years or more'
- Related Cases:
- [2006] SGHC 57
- [2005] 4 SLR(R) 409
- High Court's power to grant bail under s 97(1) of the Criminal Procedure Code
- Outcome: The court held that s 97(1) is not subject to s 95(1)(a), giving the High Court overriding discretion to grant bail.
- Category: Jurisdictional
- Related Cases:
- [2005] 4 SLR(R) 409
8. Remedies Sought
- Bail
9. Cause of Actions
- Offences under the Misuse of Drugs Act
- Offences under the Moneylenders Act
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Abul Khabir Uddin Tohron Nisa v Public Prosecutor | High Court | Yes | [2006] SGHC 57 | Singapore | Cited for the principle that bail preserves the presumption of innocence and ensures the accused's presence at trial. |
| S Selvamsylvester v PP | High Court | Yes | [2005] 4 SLR(R) 409 | Singapore | Discussed in relation to the interpretation of predecessor provisions to ss 93(1) and 95 of the CPC 2010. |
| Re K S Menon | N/A | Yes | [1946] 1 MLJ 49 | Malaysia | Cited for the position that the prohibition against granting bail applies only to the Subordinate Court and not the High Court. |
| PP v Shanmugam | N/A | Yes | [1971] 1 MLJ 283 | Malaysia | Cited for the position that the prohibition against granting bail applies only to the Subordinate Court and not the High Court. |
| PP v Dato Balwant Singh | N/A | Yes | [2002] 4 MLJ 427 | Malaysia | Cited for the position that the prohibition against granting bail applies only to the Subordinate Court and not the High Court. |
| Nga San Htwa | N/A | Yes | (1927) I.L.R. 5 Ran 276 | India | Cited for the position that the prohibition against granting bail applies only to the Subordinate Court and not the High Court. |
| King Emperor v Joglekar | N/A | Yes | AIR 1931 All 504 | India | Cited for the position that the prohibition against granting bail applies only to the Subordinate Court and not the High Court. |
| Gurcharan Singh and others v State | N/A | Yes | [1978] SCC 41 | India | Cited for the position that the prohibition against granting bail applies only to the Subordinate Court and not the High Court. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185) | Singapore |
| Moneylenders Act (Cap 188, 1985 Rev Ed.) | Singapore |
| Criminal Procedure Code 2010 (Act No 15 of 2010) s 95(1)(a) | Singapore |
| Criminal Procedure Code 2010 (Act No 15 of 2010) s 97(1) | Singapore |
| Criminal Procedure Code (Cap 68, 1985 Rev Ed) s 52(1) | Singapore |
| Criminal Procedure Code 2010 s 93(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Bail
- Criminal Procedure Code
- Misuse of Drugs Act
- Moneylenders Act
- Subordinate Court
- High Court
- s 95(1)(a)
- s 97(1)
- Jurisdiction
- Imprisonment for a term of 20 years or more
15.2 Keywords
- Bail
- Criminal Procedure Code
- Misuse of Drugs Act
- Moneylenders Act
- Singapore High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Bail | 100 |
| Misuse of Drugs Act | 90 |
| Criminal Procedure | 90 |
| Moneylenders Act | 80 |
| Criminal Law | 70 |
16. Subjects
- Criminal Law
- Criminal Procedure
- Bail
- Statutory Interpretation