Moad Fadzir bin Mustaffa v Public Prosecutor: Application for Stay of Execution

Moad Fadzir bin Mustaffa, a prisoner awaiting capital punishment, applied to the Court of Appeal of the Republic of Singapore on August 1, 2024, for a stay of execution. The application was based on the grounds that he intended to file a review application to review his criminal case. The Court of Appeal, comprising Tay Yong Kwang JCA, Steven Chong JCA, and Woo Bih Li JAD, dismissed the application on August 2, 2024, finding no reason to grant another stay of execution.

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

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Application for stay of execution by Moad Fadzir bin Mustaffa, a prisoner awaiting capital punishment, is dismissed. The court found no reason to grant another stay.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyApplication dismissedWon
Wong Woon Kwong of Public Prosecutor
Sarah Siaw of Public Prosecutor
Moad Fadzir bin MustaffaApplicantIndividualApplication dismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Tay Yong KwangJustice of the Court of AppealYes
Steven ChongJustice of the Court of AppealNo
Woo Bih LiJudge of the Appellate DivisionNo

4. Counsels

Counsel NameOrganization
Wong Woon KwongPublic Prosecutor
Sarah SiawPublic Prosecutor

4. Facts

  1. Mr. Moad Fadzir, a prisoner awaiting capital punishment, applied for a stay of execution.
  2. The application was made on the eve of his scheduled execution.
  3. He based his application on the intention to file a review application.
  4. He had previously filed three applications for permission to file review applications, all of which were dismissed.
  5. He sought legal assistance from LASCO but was rejected.
  6. The court found no reason to grant another stay of execution.

5. Formal Citations

  1. Moad Fadzir bin Mustaffa v Public Prosecutor, Criminal Motion No 31 of 2024, [2024] SGCA 26

6. Timeline

DateEvent
Appeal against conviction was dismissed by the Court of Appeal
First application for permission to file review applications against his conviction was filed
Second application for permission to file review applications against his conviction was filed
Court of Appeal granted a stay of his scheduled execution
Judgment in CA/CM 29 of 2024 delivered by Tay Yong Kwang JCA
Moad Fadzir bin Mustaffa applied to the Court of Appeal for a stay of execution
Court dismissed the application for a stay of execution

7. Legal Issues

  1. Stay of Execution
    • Outcome: The court dismissed the application for a stay of execution.
    • Category: Procedural

8. Remedies Sought

  1. Stay of execution

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Criminal Law
  • Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Moad Fadzir bin Mustaffa v Public ProsecutorCourt of AppealYes[2024] SGCA 26SingaporeIdentifies the case itself.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Criminal Procedure Code 2010Singapore
s 238A(1) of the CPCSingapore
Arts 93 and 94 of the ConstitutionSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Stay of execution
  • Capital punishment
  • Criminal review
  • Legal Assistance Scheme for Capital Offences
  • Post-appeal review application

15.2 Keywords

  • Stay of execution
  • Capital punishment
  • Criminal review
  • Singapore
  • Court of Appeal

17. Areas of Law

Area NameRelevance Score
Sentencing90
Criminal Procedure90
Review85
Legal Profession Act30
Constitutional Law20

16. Subjects

  • Criminal Law
  • Criminal Procedure
  • Appeals