Adeeb Ahmed Khan v Public Prosecutor: Extension of Time to Appeal Sentence for Drug Offences Denied
Adeeb Ahmed Khan sought an extension of time to appeal against the sentence imposed by the High Court on 30 August 2021 for drug offences. The Court of Appeal, comprising Sundaresh Menon CJ, Tay Yong Kwang JCA, and Steven Chong JCA, dismissed the motion, finding it without merit and that the applicant had accepted the finality of the original decision. The court applied the principles in Public Prosecutor v Pang Chie Wei and Lim Hong Kheng v Public Prosecutor in reaching its decision.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Criminal motion dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Appeal denied Adeeb Ahmed Khan's motion for an extension of time to appeal his sentence for drug offences, citing a lack of merit.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Motion Dismissed | Won | Anandan Bala of Attorney-General’s Chambers Bharat Punjabi of Attorney-General’s Chambers Jamie Pang of Attorney-General’s Chambers |
| Adeeb Ahmed Khan s/o Iqbal Ahmed Khan | Applicant | Individual | Motion Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
| Tay Yong Kwang | Justice of the Court of Appeal | No |
| Steven Chong | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Anandan Bala | Attorney-General’s Chambers |
| Bharat Punjabi | Attorney-General’s Chambers |
| Jamie Pang | Attorney-General’s Chambers |
4. Facts
- Applicant ordered drugs from a Malaysian supplier on 2 May 2017.
- Azmi, the driver, was stopped at Woodlands Checkpoint with 677.5g of methamphetamine.
- Azmi made calls to the applicant, who expected 166.99g of methamphetamine.
- Applicant was arrested on 3 May 2017 at Vista Point with 1.59g of methamphetamine.
- Applicant's urine sample tested positive for methamphetamine consumption.
- Applicant was sentenced in District Court and High Court separately.
- Applicant sought a sentence of less than 15 years in the High Court.
5. Formal Citations
- Adeeb Ahmed Khan s/o Iqbal Ahmed Khan v Public Prosecutor, Criminal Motion No 10 of 2022, [2022] SGCA 61
6. Timeline
| Date | Event |
|---|---|
| Applicant ordered a consignment of drugs. | |
| Vehicle driven by Azmi was stopped at Woodlands Checkpoint; methamphetamine recovered. | |
| Applicant was arrested at Vista Point. | |
| Urine sample taken from applicant tested positive for methamphetamine. | |
| Applicant's imprisonment began. | |
| Applicant convicted in District Court. | |
| Applicant convicted in High Court. | |
| CM 10 filed by applicant. | |
| Case management conference held. | |
| Grounds of decision delivered. |
7. Legal Issues
- Extension of Time to Appeal
- Outcome: The court held that the applicant did not meet the threshold for an extension of time to appeal.
- Category: Procedural
- Sub-Issues:
- Length of delay
- Reasons for delay
- Prospects of appeal
- Related Cases:
- [2006] 3 SLR (R) 358
- [2010] SLR 966
- [2022] 1 SLR 452
8. Remedies Sought
- Extension of Time to File Appeal
- Review of Sentence
- Concurrent Sentences
9. Cause of Actions
- Abetment by Conspiracy to Possess Drugs for Trafficking
- Possession of Methamphetamine
- Consumption of Methamphetamine
10. Practice Areas
- Criminal Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lim Hong Kheng v Public Prosecutor | High Court | Yes | [2006] 3 SLR (R) 358 | Singapore | Cited for the analytical framework for extending time to file an appeal in criminal cases. |
| Bachoo Mohan Singh v Public Prosecutor and other applications | Court of Appeal | Yes | [2010] SLR 966 | Singapore | Cited for affirming the Lim Hong Kheng framework for extending time to file an appeal. |
| Public Prosecutor v Pang Chie Wei and other matters | Court of Appeal | Yes | [2022] 1 SLR 452 | Singapore | Cited for clarifying the circumstances under which the court may reopen a previous decision and the high threshold required. |
| Isham bin Kayubi v Public Prosecutor | Court of Appeal | Yes | [2021] SGCA 22 | Singapore | Cited to support the proposition that a delay of more than three months is not insubstantial. |
| Vasentha d/o Joseph v Public Prosecutor | High Court | Yes | [2015] 5 SLR 122 | Singapore | Cited for the sentencing court's approach in determining the appropriate sentence in drug trafficking cases. |
| Public Prosecutor v Lai Teck Guan | High Court | Yes | [2018] 5 SLR 852 | Singapore | Cited for the indicative uplift for repeated drug offenders for the trafficking of diamorphine. |
| Loo Pei Xiang Alan v Public Prosecutor | High Court | Yes | [2015] 5 SLR 500 | Singapore | Cited for the applicability of the Vasentha framework to methamphetamine trafficking cases using a conversion scale. |
| Teo Kian Leong v Public Prosecutor | High Court | Yes | [2002] 1 SLR(R) 386 | Singapore | Cited for the issue of proportionality in cases with sentences imposed by separate courts. |
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 8(a) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 8(b)(ii) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 12 | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33(1) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33(4A)(i) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33A(1) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 238A | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 238B | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 307(1) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 377(2)(b) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 380(1) | Singapore |
| Prisons Act (Cap 247, 2000 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Extension of Time
- Appeal
- Drug Trafficking
- Methamphetamine
- Sentencing
- Criminal Procedure Code
- Misuse of Drugs Act
- Pang Chie Wei
- Lim Hong Kheng
- Totality Principle
15.2 Keywords
- Criminal
- Appeal
- Drug Trafficking
- Extension of Time
- Sentencing
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Revision | 90 |
| Sentencing | 90 |
| Criminal Procedure | 90 |
| Appeal | 90 |
| Extension of Time | 70 |
16. Subjects
- Criminal Law
- Criminal Procedure
- Drug Offences
- Sentencing
- Appeals