Bander Yahya A Alzahrani v Public Prosecutor: Stay of Execution Pending Criminal Reference
Bander Yahya A Alzahrani, a Saudi Arabian diplomat, applied to the High Court of Singapore for a stay of execution on his sentence for outrage of modesty and using criminal force, pending a criminal motion for leave to refer questions to the Court of Appeal. Steven Chong JA dismissed the application, holding that while the court had the power to order a stay of execution, the applicant had not made a good arguable case that there were real questions of law of public interest.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Application dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application for stay of execution by Bander Yahya A Alzahrani, convicted of outrage of modesty, pending a criminal reference. The court dismissed the application.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Bander Yahya A Alzahrani | Applicant | Individual | Application Dismissed | Lost | Pang Giap Oon @ Arif Peter Pang |
| Public Prosecutor | Respondent | Government Agency | Application Dismissed | Won | April Phang, Kenny Yang |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Steven Chong | Judge of Appeal | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Pang Giap Oon @ Arif Peter Pang | Peter Pang & Co |
| April Phang | Attorney-General’s Chambers |
| Kenny Yang | Attorney-General’s Chambers |
4. Facts
- The Applicant was convicted of outrage of modesty and using criminal force.
- The Applicant appealed against his conviction and sentence, but the appeal was dismissed.
- The Applicant applied for a stay of execution pending a criminal motion for leave to refer questions to the Court of Appeal.
- The Applicant had already begun serving his sentence at the time of the application.
- The Applicant sought to refer three questions to the Court of Appeal, relating to the conduct of his counsel and the need for expert evidence on the victim's state of mind.
- The District Judge accepted the victim's evidence without calling for psychiatric evidence.
5. Formal Citations
- Bander Yahya A Alzahrani v Public Prosecutor, Criminal Motion No 47 of 2017, [2017] SGHC 287
6. Timeline
| Date | Event |
|---|---|
| Appeal heard; one-week deferment of sentence granted. | |
| Further deferment of sentence requested. | |
| Second deferment of sentence granted until 11 August 2017. | |
| Third deferment of sentence requested. | |
| Third deferment of sentence rejected; Applicant began serving sentence. | |
| Leave Application filed. | |
| Hearing date. | |
| Judgment date. | |
| Leave Application fixed before the Court of Appeal. | |
| Leave Application fixed before the Court of Appeal. |
7. Legal Issues
- Stay of Execution
- Outcome: The court held that it had the power to order a stay of execution pending a leave application to bring a criminal reference, even if the applicant had already commenced serving his sentence, but declined to exercise that power in this case.
- Category: Procedural
- Related Cases:
- [2017] SGHC 187
- [2005] 2 SLR(R) 247
- Leave to Refer Questions of Law
- Outcome: The court found that the questions the Applicant sought to refer to the Court of Appeal did not raise questions of law of public interest.
- Category: Procedural
8. Remedies Sought
- Stay of execution of sentence
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Criminal Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Rajendar Prasad Rai and another v Public Prosecutor and another matter | High Court | Yes | [2017] SGHC 187 | Singapore | Cited for the principle that the court has the power to stay orders pending a criminal reference. |
| Ong Beng Leong v Public Prosecutor | High Court | Yes | [2005] 2 SLR(R) 247 | Singapore | Cited for the principle that a stay of execution should only be granted if there are real questions of law of public interest. |
| Public Prosecutor v Saiful Rizam bin Assim and other appeals | Court of Appeal | Yes | [2014] 2 SLR 495 | Singapore | Cited for the importance of avoiding situations where an offender serves a significant portion of their sentence before an appeal is heard. |
| Public Prosecutor v Adith s/o Sarvotham | Court of Appeal | Yes | [2014] 3 SLR 649 | Singapore | Cited for the importance of an accused person retaining their freedom until their appeal is resolved. |
| Public Prosecutor v Teo Chu Ha | High Court | Yes | [2014] 4 SLR 600 | Singapore | Cited for the definition of a question of law of public interest. |
| Bratty v Attorney-General for Northern Ireland | House of Lords | No | [1963] AC 386 | Northern Ireland | Cited as an example of a case where automatism was alleged as a defense. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| s 354A(1) of the Penal Code | Singapore |
| s 352 of the Penal Code | Singapore |
| s 383(1) of the Criminal Procedure Code | Singapore |
| s 401(2) of the Criminal Procedure Code | Singapore |
| s 397 of the Criminal Procedure Code | Singapore |
| s 397(4) of the Criminal Procedure Code | Singapore |
| s 318 of the Criminal Procedure Code | Singapore |
| s 97 of the Criminal Procedure Code | Singapore |
| s 298(11) of the Criminal Procedure Code | Singapore |
| s 356(1) of the Criminal Procedure Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Stay of execution
- Criminal reference
- Leave application
- Question of law of public interest
- Outrage of modesty
- Criminal Procedure Code
- Deferment of sentence
15.2 Keywords
- Stay of execution
- Criminal reference
- Singapore
- Criminal Law
16. Subjects
- Criminal Law
- Criminal Procedure
17. Areas of Law
- Criminal Procedure
- Sentencing
- Criminal References
- Stay of Execution