Mohammad Azwan bin Bohari v Public Prosecutor: Stay of Execution Application
Mohammad Azwan bin Bohari applied to the Court of Appeal of Singapore on October 1, 2024, for a stay of execution, arguing that ongoing proceedings in HC/OA 972/2024 could impact a future review application. The Court of Appeal dismissed the application, finding no basis to challenge the original conviction and sentence, rendering OA 972 irrelevant to the applicant's case. The court determined that the applicant's intended review application had no prospect of success.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Application dismissed summarily.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Application for stay of execution was dismissed. The court found no basis to challenge the conviction and sentence, rendering OA 972 irrelevant.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Application Dismissed | Won | James Chew of Attorney-General’s Chambers Jocelyn Teo of Attorney-General’s Chambers |
| Mohammad Azwan bin Bohari | Applicant | Individual | Application Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Justice of the Court of Appeal | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| James Chew | Attorney-General’s Chambers |
| Jocelyn Teo | Attorney-General’s Chambers |
4. Facts
- The applicant was convicted of possessing diamorphine for trafficking.
- The applicant's appeal against his conviction and sentence was dismissed.
- The applicant's petition for clemency was rejected.
- The applicant filed a previous motion seeking a stay of execution, which was granted.
- The applicant filed HC/OA 972/2024 challenging the constitutionality of the PACC Act.
- The President issued a new order for the applicant's execution.
- The applicant was informed of his execution five days in advance.
5. Formal Citations
- Mohammad Azwan bin Bohari v Public Prosecutor, Criminal Motion No 40 of 2024, [2024] SGCA 38
6. Timeline
| Date | Event |
|---|---|
| Applicant convicted of drug trafficking. | |
| Appeal against conviction and sentence dismissed. | |
| Petition for clemency rejected. | |
| Applicant filed CA/CM 14/2024 seeking a stay of execution. | |
| Stay of execution granted pending outcome of OA 306. | |
| OA 306 struck out by the High Court. | |
| Post-appeal Applications in Capital Cases Act 2022 came into effect. | |
| Appeal CA/CA 38/2024 dismissed by the Court of Appeal. | |
| HC/OA 972/2024 filed. | |
| New order for execution issued. | |
| Warrant of Execution issued. | |
| MHA Note issued to prisoners awaiting capital punishment. | |
| Applicant informed of upcoming execution. | |
| Applicant filed CA/CM 40/2024. | |
| Case management conference held. | |
| Application dismissed. |
7. Legal Issues
- Equal protection of the law
- Outcome: The court found that the applicant's rights under Art 12 of the Constitution had not been breached.
- Category: Constitutional
- Right to life and personal liberty
- Outcome: The court found that the applicant's rights under Art 9 of the Constitution had not been breached.
- Category: Constitutional
- Stay of execution
- Outcome: The court dismissed the application for a stay of execution.
- Category: Procedural
8. Remedies Sought
- Stay of execution
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Criminal Law
- Constitutional Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Mohammad Azwan bin Bohari | High Court | Yes | [2019] SGHC 23 | Singapore | Cited for the applicant's initial conviction and sentence for drug trafficking. |
| Iskandar bin Rahmat and others v Attorney-General | General Division of the High Court | Yes | [2024] SGHC 122 | Singapore | Cited to show that OA 306 was struck out. |
| Syed Suhail bin Syed Zin v Attorney-General | Court of Appeal | Yes | [2021] 1 SLR 809 | Singapore | Cited regarding relevant pending proceeding. |
| Attorney-General v Datchinamurthy a/l Kataiah | Court of Appeal | Yes | [2022] SGCA 46 | Singapore | Cited regarding relevant pending proceeding. |
| Masoud Rahimi bin Mehrzad and others v Attorney-General | Court of Appeal | Yes | [2024] 1 SLR 414 | Singapore | Cited to show that the PACC procedure only applies prospectively. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court 2021 (2020 Rev Ed) O 24A r 1(3) |
| Rules of Court 2021 (2020 Rev Ed) O 24A r 2 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Constitution of the Republic of Singapore | Singapore |
| 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 |
| Criminal Procedure Code 2010 (2020 Rev Ed) | Singapore |
| Post-appeal Applications in Capital Cases Act 2022 (Act 41 of 2022) | Singapore |
| Supreme Court of Judicature Act 1969 (2020 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Post-appeal Applications in Capital Cases Act
- PACC procedure
- PACC application
- PACC permission
- Renotification Period
- LASCO
- Review application
15.2 Keywords
- Stay of execution
- Criminal motion
- Post-appeal applications
- Capital punishment
- Constitutional rights
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Constitutional Law | 75 |
| Criminal Procedure | 70 |
| Sentencing | 65 |
| Misuse of Drugs Act | 60 |
16. Subjects
- Constitutional Law
- Criminal Law
- Criminal Procedure
- Sentencing
- Stay of Execution