Mohammad Yusof bin Jantan v Public Prosecutor: Criminal Review Application

Mohammad Yusof bin Jantan applied for leave to review his concluded appeal in HC/MA 9309/2019. Tay Yong Kwang JCA dismissed the application, holding that it failed to satisfy the requirements under s 394J of the Criminal Procedure Code and constituted an abuse of process, as it reiterated arguments previously rejected.

1. Case Overview

1.1 Court

General Division of the High Court of the Republic of Singapore

1.2 Outcome

Application dismissed summarily.

1.3 Case Type

Criminal

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Application for leave to review a concluded appeal was dismissed as it failed to satisfy requirements under s 394J of the CPC and was an abuse of process.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyApplication DismissedWon
Louis Ngia of Attorney-General’s Chambers
Norman Yew of Attorney-General’s Chambers
Mohammad Yusof bin JantanApplicantIndividualApplication DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Tay Yong KwangJustice of the Court of AppealYes

4. Counsels

Counsel NameOrganization
Louis NgiaAttorney-General’s Chambers
Norman YewAttorney-General’s Chambers

4. Facts

  1. The applicant sought leave to review his concluded appeal in HC/MA 9309/2019.
  2. The applicant had previously filed a similar application, which was dismissed.
  3. The applicant argued that there was a clerical error in the Notes of Evidence.
  4. The applicant repeated arguments made in the first leave application.
  5. The court found that the second leave application was an abuse of process.

5. Formal Citations

  1. Mohammad Yusof bin Jantan v Public Prosecutor, Criminal Motion No 58 of 2021, [2021] SGHC 148

6. Timeline

DateEvent
Appeal filed in HC/MA 9309/2019
Appeal dismissed
First leave application filed in HC/CM No. 30 of 2021
First leave application dismissed
Second leave application filed
Application dismissed summarily

7. Legal Issues

  1. Leave for Review
    • Outcome: The court dismissed the application for leave to review, finding that it did not satisfy the requirements of s 394J of the CPC and was an abuse of process.
    • Category: Procedural
    • Related Cases:
      • [2016] 3 SLR 135

8. Remedies Sought

  1. Review of concluded appeal
  2. Order to accept review application as miscarriage of justice

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Criminal Law
  • Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Mohammad Yusof bin Jantan v Public ProsecutorHigh CourtYes[2021] SGHC 82SingaporeThe judgment sets out the pertinent facts in the applicant’s appeal in MA 9309 and the reasons for dismissing the first leave application.
Kho Jabing v Public ProsecutorCourt of AppealYes[2016] 3 SLR 135SingaporeCited for the principles for reviewing concluded appeals, which are essentially the same as the requirements for review set out in s 394J of the CPC.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Criminal Procedure Code (Cap 68, 2012 Rev Ed)Singapore
s 394H of the CPCSingapore
s 394J of the CPCSingapore
s 394K of the CPCSingapore
Misuse of Drugs Act (Cap 185, 2008 Rev Ed)Singapore
s 8(a) of the MDASingapore
s 8(b)(ii) of the MDASingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Leave application
  • Review application
  • Clerical error
  • Abuse of process
  • Miscarriage of justice

15.2 Keywords

  • Criminal review
  • Leave for review
  • Abuse of process

17. Areas of Law

Area NameRelevance Score
Criminal Procedure80
Criminal Revision75
Sentencing70
Criminal Law60
Appeal50
Obstructing, preventing, perverting or defeating course of justice30

16. Subjects

  • Criminal Law
  • Criminal Procedure