Mohammad Farid bin Batra v Public Prosecutor: Review of Trafficking Conviction
Mohammad Farid bin Batra sought leave from the Court of Appeal of Singapore to review his conviction for drug trafficking, after previously being sentenced to life imprisonment and caning. The Court of Appeal, comprising Tay Yong Kwang JCA, Sundaresh Menon CJ, and Judith Prakash JA, had previously dismissed his appeal against conviction but resentenced him after a certificate of substantive assistance was issued. Tay Yong Kwang JCA, in this judgment, denied the application for review, finding no new evidence or legal arguments to justify a review of the original decision.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Leave to make a review application is refused summarily without the need for a hearing and the application is dismissed accordingly.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Appeal denied Mohammad Farid bin Batra's application for review of his trafficking conviction, finding no miscarriage of justice.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Application dismissed | Won | Terence Chua of Attorney-General’s Chambers Chong Yong of Attorney-General’s Chambers Jason Chua of Attorney-General’s Chambers |
| Mohammad Farid bin Batra | Applicant | Individual | Leave to make a review application refused | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Justice of the Court of Appeal | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Terence Chua | Attorney-General’s Chambers |
| Chong Yong | Attorney-General’s Chambers |
| Jason Chua | Attorney-General’s Chambers |
4. Facts
- The applicant was convicted of possessing not less than 35.21g of diamorphine for the purpose of trafficking.
- The applicant claimed he was a mere courier acting on instructions and provided valuable information to the CNB.
- The High Court initially sentenced the applicant to death.
- The Court of Appeal eventually sentenced the applicant to life imprisonment and 15 strokes of the cane.
- The Public Prosecutor issued a certificate of substantive assistance to the applicant.
- The applicant sought leave to review the Court of Appeal’s decision to set aside the conviction.
5. Formal Citations
- Mohammad Farid bin Batra v Public Prosecutor, Criminal Motion No 16 of 2021, [2021] SGCA 58
6. Timeline
| Date | Event |
|---|---|
| Applicant met Ranjit and received a plastic bag containing drugs. | |
| High Court convicted the applicant on the trafficking charge. | |
| Court of Appeal dismissed the applicant’s appeal against conviction and sentence. | |
| Court of Appeal resentenced the applicant to life imprisonment and 15 strokes of the cane. |
7. Legal Issues
- Leave for Review
- Outcome: The court refused leave to make a review application, finding no sufficient material to conclude that there had been a miscarriage of justice.
- Category: Procedural
- Related Cases:
- [2020] 2 SLR 1175
- Miscarriage of Justice
- Outcome: The court found no basis to conclude that there had been a miscarriage of justice.
- Category: Substantive
8. Remedies Sought
- Review of Conviction
- Setting aside conviction on the trafficking charge
- Substituting conviction with a charge of possession of drugs
9. Cause of Actions
- Drug Trafficking
10. Practice Areas
- Criminal Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Ranjit Singh Gill Menjeet Singh and another | High Court | Yes | [2017] 3 SLR 66 | Singapore | Cited for factual background of the case, specifically the amount of diamorphine found. |
| Mohammad Farid bin Batra v Public Prosecutor and another appeal and other matters | Court of Appeal | Yes | [2020] 1 SLR 907 | Singapore | Cited as the Court of Appeal's judgment on the applicant's appeal against conviction and sentence. |
| Ramesh a/l Perumal v Public Prosecutor and another appeal | Court of Appeal | Yes | [2019] 1 SLR 1003 | Singapore | Cited by the applicant for the bailment defence, arguing he was merely safekeeping the drugs. |
| Kreetharan s/o Kathireson v Public Prosecutor and other matters | Court of Appeal | Yes | [2020] 2 SLR 1175 | Singapore | Cited for the principle that an applicant seeking leave to review a decision must show a legitimate basis for the exercise of the court’s power of review. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 5(1)(a) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 5(2) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33(1) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33B(1)(a) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 8(a) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 394H | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 394H(6)(a) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 394J | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 394J(2) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 394J(3)(a) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 394J(3) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 394J(4) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 394H(7) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 394H(8) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 18(2) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 17 | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33B(2)(a) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33B(2)(b) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Trafficking
- Courier
- Certificate of Substantive Assistance
- Review Application
- Miscarriage of Justice
- Bailment
15.2 Keywords
- Drug Trafficking
- Criminal Review
- Singapore Court of Appeal
- Misuse of Drugs Act
- Criminal Procedure Code
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Procedure | 80 |
| Sentencing | 80 |
| Criminal Revision | 75 |
| Criminal Law | 60 |
| Drug Crimes | 50 |
| Evidence | 30 |
| Statutory Interpretation | 20 |
| Administrative Law | 20 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Criminal Procedure