Hamzah bin Ibrahim v Public Prosecutor: Adjournment Application in Drug Trafficking Appeal

In Criminal Appeals Nos 26 and 29 of 2017, Hamzah bin Ibrahim and Tika Pesik appealed against their conviction for drug trafficking. The Court of Appeal, comprising Sundaresh Menon CJ, Andrew Phang Boon Leong JA, and Tay Yong Kwang JA, heard an application for adjournment by Tika Pesik's counsel due to concerns about her understanding of the proceedings. The court adjourned the appeals to a later date, emphasizing the duties of defense counsel in criminal cases.

1. Case Overview

1.1 Court

Court of Appeal of the Republic of Singapore

1.2 Outcome

Appeals adjourned to an early date to be fixed, such date not to be before 16 August 2018.

1.3 Case Type

Criminal

1.4 Judgment Type

Ex Tempore Judgment

1.5 Jurisdiction

Singapore

1.6 Description

The Court of Appeal addresses a late adjournment application in a drug trafficking appeal, emphasizing counsel's duty to ensure client comprehension.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyAppeal AdjournedNeutral
Wong Woon Kwong of Attorney-General’s Chambers
Shen Wanqin of Attorney-General’s Chambers
Hamzah bin IbrahimAppellantIndividualAppeal AdjournedNeutral
Tika PesikAppellantIndividualAppeal AdjournedNeutral

3. Judges

Judge NameTitleDelivered Judgment
Sundaresh MenonChief JusticeYes
Andrew Phang Boon LeongJudge of AppealNo
Tay Yong KwangJudge of AppealNo

4. Counsels

Counsel NameOrganization
Wong Woon KwongAttorney-General’s Chambers
Shen WanqinAttorney-General’s Chambers
A Revi ShankerARShanker Law Chambers
N KanagavijayanKana & Co
Debby LimShook Lin & Bok LLP
Sankar SaminathanSterling Law Corporation
Amarick GillAmarick Gill LLC

4. Facts

  1. Hamzah bin Ibrahim and Tika Pesik were convicted of trafficking diamorphine.
  2. Both appellants were sentenced to death.
  3. Tika Pesik appealed against her conviction and sentence.
  4. Hamzah bin Ibrahim appealed against his sentence only.
  5. Mr. Gill requested an adjournment due to concerns about his client's understanding of the submissions.
  6. The Record of Proceedings was made available on 22 November 2017.
  7. The Petition of Appeal was filed on 5 December 2017.

5. Formal Citations

  1. Hamzah bin Ibrahim v Public Prosecutor and another appeal, , [2018] SGCA 45

6. Timeline

DateEvent
Record of Proceedings made available to the parties
Petition of Appeal filed
Prison authorities informed Mr Gill that his client did not understand the submissions
Mr Gill and Mr Sankar visited the second appellant
Mr Gill wrote to the court requesting an adjournment
Hearing of the appeal and oral application to adjourn Criminal Appeal No 29 of 2017

7. Legal Issues

  1. Application for Adjournment
    • Outcome: The court adjourned the appeals to an early date to be fixed, such date not to be before 16 August 2018.
    • Category: Procedural
    • Sub-Issues:
      • Late application for adjournment
      • Client's understanding of proceedings

8. Remedies Sought

  1. Appeal against Conviction
  2. Appeal against Sentence

9. Cause of Actions

  • Drug Trafficking

10. Practice Areas

  • Criminal Law
  • Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Public Prosecutor v Muhammad Farid bin Sudi and othersHigh CourtYes[2017] SGHC 228SingaporeCited as the judgment where the appellants were convicted and sentenced to death.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 5(1)(a)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Adjournment
  • Criminal Appeal
  • Drug Trafficking
  • Diamorphine
  • Record of Proceedings
  • Submissions
  • Interpreter

15.2 Keywords

  • Criminal Law
  • Drug Trafficking
  • Appeal
  • Adjournment
  • Singapore

17. Areas of Law

Area NameRelevance Score
Appeal80
Criminal Procedure75
Application for Adjournment70
Misuse of Drugs Act60
Penal Code30

16. Subjects

  • Criminal Law
  • Criminal Procedure
  • Drug Offences