Kho Jabing v Public Prosecutor: Reopening Concluded Appeals and Natural Justice in Sentencing

In Kho Jabing v Public Prosecutor, the Court of Appeal of Singapore dismissed Kho Jabing's application to set aside his death sentence. The court, comprising Chao Hick Tin JA, Andrew Phang Boon Leong JA, Woo Bih Li J, Lee Seiu Kin J, and Chan Seng Onn J, found no breach of natural justice in Justice Phang's participation in both the 2011 appeal against conviction and the 2015 appeal against sentence. The court emphasized the importance of finality in legal proceedings and rejected the applicant's argument as an abuse of process.

1. Case Overview

1.1 Court

Court of Appeal of the Republic of Singapore

1.2 Outcome

Application dismissed

1.3 Case Type

Criminal

1.4 Judgment Type

Ex-Tempore Judgment

1.5 Jurisdiction

Singapore

1.6 Description

The Court of Appeal dismissed Kho Jabing's application to set aside his death sentence, finding no breach of natural justice. The court emphasized the importance of finality in legal proceedings.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyApplication dismissedWon
Ruth Teng of Attorney-General’s Chambers
Francis Ng of Attorney-General’s Chambers
Foong Leong Parn of Attorney-General’s Chambers
Kho JabingApplicantIndividualApplication dismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Chao Hick TinJudge of AppealYes
Andrew Phang Boon LeongJudge of AppealNo
Woo Bih LiJudgeNo
Lee Seiu KinJudgeNo
Chan Seng OnnJudgeNo

4. Counsels

Counsel NameOrganization
Ruth TengAttorney-General’s Chambers
Francis NgAttorney-General’s Chambers
Foong Leong ParnAttorney-General’s Chambers
Gino Hardial SinghPrestige Law LLP

4. Facts

  1. Kho Jabing was sentenced to death.
  2. Kho Jabing filed two applications to set aside the death sentence.
  3. Justice Phang was on the court for both the 2011 appeal against conviction and the 2015 appeal against sentence.
  4. The applicant argued Justice Phang sitting on both appeals was a breach of natural justice.
  5. The applicant had previously withdrawn the same argument in an earlier application.
  6. The court found the issue in 2011 was guilt, while the issue in 2015 was sentencing.

5. Formal Citations

  1. Kho Jabing v Public Prosecutor, Criminal Motion No 13 of 2016, [2016] SGCA 36

6. Timeline

DateEvent
Arrest made
Appeal against conviction heard
Death sentence imposed
First application to set aside death sentence filed
Hearing of first application
Restored hearing of first application
First application dismissed
Second application to set aside death sentence filed
Application dismissed

7. Legal Issues

  1. Breach of Natural Justice
    • Outcome: The court found no breach of natural justice.
    • Category: Substantive
    • Sub-Issues:
      • Reasonable suspicion of bias
      • Judge in his own cause
  2. Power to Reopen Concluded Appeals
    • Outcome: The court held that the application was an abuse of process.
    • Category: Procedural
    • Sub-Issues:
      • Abuse of process of court
      • Finality of legal proceedings

8. Remedies Sought

  1. Setting aside the sentence of death

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Criminal Appeals
  • Sentencing

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Henderson v HendersonN/AYes(1843) 3 Hare 100EnglandCited for the principle against drip-feeding arguments through multiple applications, preventing abuse of court process.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code (Cap 224, 2008 Rev Ed)Singapore
Penal Code Amendment Act 2012 (Act 32 of 2012)Singapore
Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Natural justice
  • Reopening concluded appeals
  • Abuse of process
  • Finality
  • Sentencing
  • Bias

15.2 Keywords

  • Kho Jabing
  • Public Prosecutor
  • Singapore
  • Court of Appeal
  • Death Sentence
  • Natural Justice
  • Criminal Law
  • Appeal
  • Sentencing

17. Areas of Law

Area NameRelevance Score
Courts and Jurisdiction90
Natural justice80
Appellate Practice70
Criminal Procedure70
Henderson v Henderson doctrine70
Civil Procedure60
Double Jeopardy60
Res Judicata50
Penal Code40
Criminal Revision40
Asset Recovery30

16. Subjects

  • Criminal Law
  • Constitutional Law
  • Judicial Review