Norasharee Bin Gous v Public Prosecutor: Stay of Execution Application in Drug Trafficking Case

Norasharee bin Gous applied to the Court of Appeal of Singapore on July 6, 2022, for a stay of execution of his sentence for abetting drug trafficking. The court, comprising Sundaresh Menon CJ, Andrew Phang Boon Leong JCA, and Tay Yong Kwang JCA, dismissed the application, finding no new evidence to undermine the original conviction. The court had previously dismissed his appeal in 2017.

1. Case Overview

1.1 Court

Court of Appeal of the Republic of Singapore

1.2 Outcome

Application dismissed.

1.3 Case Type

Criminal

1.4 Judgment Type

Ex Tempore judgment

1.5 Jurisdiction

Singapore

1.6 Description

Application for stay of execution in a drug trafficking case. The court dismissed the application, finding no basis to grant a stay.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyApplication dismissedWon
Marcus Foo of Attorney-General’s Chambers
Yang Ziliang of Attorney-General’s Chambers
Andrew Low of Attorney-General’s Chambers
Norasharee Bin GousAppellantIndividualApplication dismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Sundaresh MenonChief JusticeYes
Andrew Phang Boon LeongJustice of the Court of AppealNo
Tay Yong KwangJustice of the Court of AppealNo

4. Counsels

Counsel NameOrganization
Marcus FooAttorney-General’s Chambers
Yang ZiliangAttorney-General’s Chambers
Andrew LowAttorney-General’s Chambers

4. Facts

  1. Norasharee was convicted of abetting Yazid to traffic diamorphine.
  2. Norasharee's appeal against his conviction was previously dismissed.
  3. Norasharee applied for a stay of execution based on new evidence from Nordiana.
  4. The court found Nordiana's evidence did not address critical aspects of the original judgment.
  5. The court found no basis to grant a stay of execution.

5. Formal Citations

  1. Norasharee bin GousvPublic Prosecutor, Criminal Appeal No 12 of 2016, [2022] SGCA 51

6. Timeline

DateEvent
CCAs 12 and 13 heard by the court
Judgment issued dismissing appeals by Kalwant and Norasharee
Motion filed by Kalwant seeking a stay of execution
Urgent hearing fixed for Kalwant’s motion
Kalwant’s application dismissed
Court received letter from Norasharee seeking a stay of execution
Application dismissed
Sentence scheduled to be carried out

7. Legal Issues

  1. Stay of Execution
    • Outcome: The court dismissed the application for a stay of execution.
    • Category: Procedural
  2. Reliability of Evidence
    • Outcome: The court found no new evidence to undermine the reliability of the original evidence.
    • Category: Substantive

8. Remedies Sought

  1. Stay of Execution

9. Cause of Actions

  • Aiding and Abetting Drug Trafficking

10. Practice Areas

  • Criminal Law
  • Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Norasharee bin Gous v Public Prosecutor and another appeal and another matterCourt of AppealYes[2017] 1 SLR 820SingaporeCited for the dismissal of the original appeals and the subsequent remittal hearing.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Misuse of Drugs Act (Cap 185, 2008 Rev Ed)Singapore
s 5(1)(a)Singapore
s 5(2)Singapore
s 12Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Stay of Execution
  • Diamorphine
  • Drug Trafficking
  • New Evidence
  • Reliability of Evidence
  • Alibi

15.2 Keywords

  • Stay of Execution
  • Drug Trafficking
  • Singapore Court of Appeal
  • Criminal Law

17. Areas of Law

Area NameRelevance Score
Misuse of Drugs Act95
Criminal Procedure90
Sentencing80
Appeal70
Criminal Revision40
Bail Review30

16. Subjects

  • Criminal Law
  • Drug Trafficking
  • Criminal Procedure