Salwant Singh v Public Prosecutor: Extension of Time for Criminal Reference & Abuse of Process
Salwant Singh applied to the Court of Appeal of Singapore for an extension of time to apply to the High Court to reserve questions of law of public interest for determination by the Court of Appeal. The application stemmed from Criminal Revision No 3 of 2017, which sought to quash his conviction and sentence. The Court of Appeal, comprising Andrew Phang Boon Leong JA, Judith Prakash JA, and Steven Chong JA, dismissed the application, finding it to be a patent abuse of process and without prospects of success, as the questions of law did not arise in the original revision. The court also noted the applicant's repeated attempts to reopen his conviction and sentence from 2003.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 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 Salwant Singh's application for an extension of time to file a criminal reference, deeming it an abuse of process.
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 of Attorney-General’s Chambers Lee Ti-Ting of Attorney-General’s Chambers |
| Salwant Singh s/o Amer Singh | Applicant | Individual | Application dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Judge of Appeal | Yes |
| Judith Prakash | Judge of Appeal | No |
| Steven Chong | Judge of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Christopher Ong | Attorney-General’s Chambers |
| Lee Ti-Ting | Attorney-General’s Chambers |
4. Facts
- The Applicant was convicted of five charges of cheating in 2003.
- The High Court enhanced the Applicant's sentence to 20 years’ preventive detention in 2003.
- The Applicant filed multiple applications to reopen his conviction and sentence between 2004 and 2008.
- The courts dismissed the Applicant's previous applications, deeming them vexatious and an abuse of process.
- The Applicant filed CR 3 seeking to quash his conviction and sentence.
- The Judge dismissed CR 3 on the basis that it was an abuse of process.
- The Applicant filed the present application for an extension of time to bring a criminal reference.
5. Formal Citations
- Salwant Singh s/o Amer Singh v Public Prosecutor, Criminal Motion No 30 of 2017, [2018] SGCA 34
6. Timeline
| Date | Event |
|---|---|
| Applicant convicted of cheating in District Court and sentenced to 12 years’ preventive detention. | |
| High Court enhanced Applicant's sentence to 20 years’ preventive detention. | |
| Applicant filed Criminal Motion No 18 in the High Court. | |
| Applicant filed Criminal Appeal No 15. | |
| Applicant filed five criminal motions in the High Court and two criminal appeals. | |
| Applicant filed CR 3 seeking quashing of conviction and sentence. | |
| Judge dismissed CR 3 as an abuse of process. | |
| Applicant filed application for extension of time to bring a criminal reference. | |
| Court of Appeal dismissed the application for an extension of time. |
7. Legal Issues
- Extension of Time
- Outcome: The court dismissed the application for an extension of time.
- Category: Procedural
- Related Cases:
- [2017] 2 SLR 935
- Abuse of Process
- Outcome: The court found the application to be a patent abuse of process.
- Category: Procedural
8. Remedies Sought
- Extension of time to apply to the High Court Judge to reserve three alleged questions of law of public interest for the determination of this court.
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Criminal Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Salwant Singh s/o Amer Singh | High Court | Yes | [2003] 4 SLR(R) 305 | Singapore | Cited for the High Court's decision to enhance the applicant's sentence to 20 years’ preventive detention. |
| Salwant Singh v Public Prosecutor | High Court | Yes | [2005] 1 SLR(R) 36 | Singapore | Cited as one of the cases where the applicant's attempts to reopen his conviction and sentence were dismissed. |
| Salwant Singh s/o Amer Singh v Public Prosecutor | High Court | Yes | [2005] 1 SLR(R) 632 | Singapore | Cited as one of the cases where the applicant's attempts to reopen his conviction and sentence were dismissed and expressly stated as vexatious and an abuse of process. |
| Salwant Singh s/o Amer Singh v Public Prosecutor | High Court | Yes | [2008] SGHC 164 | Singapore | Cited as one of the cases where the applicant's attempts to reopen his conviction and sentence were dismissed and expressly stated as vexatious and an abuse of process. |
| Salwant Singh s/o Amer Singh v Public Prosecutor | Court of Appeal | Yes | [2009] 3 SLR(R) 105 | Singapore | Cited as one of the cases where the applicant's attempts to reopen his conviction and sentence were dismissed. |
| Chew Eng Han v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 935 | Singapore | Cited for the principle that the court should consider the length of delay, sufficiency of explanation, and prospects of the application when deciding whether to grant an extension of time. |
| Kho Jabing v Public Prosecutor | Court of Appeal | Yes | [2016] 3 SLR 135 | Singapore | Cited for the principle that the court has the inherent power to reopen a concluded criminal appeal to prevent a miscarriage of justice. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Extension of time
- Criminal reference
- Abuse of process
- Preventive detention
- Miscarriage of justice
- Vexatious litigant
15.2 Keywords
- Criminal
- Appeal
- Extension of Time
- Abuse of Process
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Abuse of Process | 80 |
| Sentencing | 75 |
| Criminal Procedure | 75 |
| Appeal | 60 |
16. Subjects
- Criminal Law
- Criminal Procedure