Sulaiman bin Jumari v Public Prosecutor: Stay of Execution & Constitutionality of Post-Appeal Applications
In Sulaiman bin Jumari v Public Prosecutor, the Court of Appeal of Singapore dismissed Sulaiman bin Jumari's criminal motion on 15 October 2024, seeking a stay of execution. Sulaiman was convicted of drug trafficking and his appeal was previously dismissed. He argued that an ongoing civil proceeding (HC/OA 972/2024) challenging the constitutionality of the Post-appeal Applications in Capital Cases Act 2022 warranted a stay. The Court found no reasonable prospect of success for any intended post-appeal application or review, dismissing the motion summarily.
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
The Court of Appeal dismissed Sulaiman bin Jumari's motion for a stay of execution, finding no basis to challenge his conviction or the constitutionality of post-appeal procedures.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Sulaiman bin Jumari | Applicant | Individual | Application dismissed summarily | Lost | |
| Public Prosecutor | Respondent | Government Agency | Application dismissed summarily | Won | April Phang, J Jayaletchmi |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Justice of the Court of Appeal | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| April Phang | Attorney-General’s Chambers |
| J Jayaletchmi | Attorney-General’s Chambers |
4. Facts
- The applicant was convicted of possessing not less than 52.75g of diamorphine for trafficking.
- The applicant's appeal against his conviction was dismissed on 2 December 2020.
- The applicant's petition for clemency was rejected on 28 April 2021.
- The applicant filed HC/OA 972/2024 challenging the constitutionality of the PACC Act.
- The applicant claims OA 972 pertains to his rights as a PACP, including his right to a fair trial.
- The applicant intends to file a PACC application after the conclusion of OA 972.
- The applicant has not filed any review application or PACC application after his trial and appeal.
5. Formal Citations
- Sulaiman bin Jumari v Public Prosecutor, Criminal Motion No 45 of 2024, [2024] SGCA 40
6. Timeline
| Date | Event |
|---|---|
| Contemporaneous statement recorded | |
| Convicted on capital charge | |
| Appeal dismissed by the Court of Appeal | |
| Petition for clemency rejected | |
| Filed CA/CM 18/2024 seeking a stay of execution | |
| Court of Appeal allowed CM 18 summarily and ordered a stay of execution | |
| Initially scheduled for execution | |
| OA 306 was struck out by the General Division of the High Court | |
| Post-appeal Applications in Capital Cases Act 2022 came into operation | |
| Appeal in CA/CA 38/2024 was dismissed by the Court of Appeal | |
| Filed HC/OA 972/2024 | |
| Informed of date of execution | |
| Filed CM 45 | |
| Judgment delivered | |
| Scheduled for execution | |
| Post-appeal Applications in Capital Cases Act 2022 passed by Parliament |
7. Legal Issues
- Equal protection of the law
- Outcome: The court found no infringement of Article 12(1) of the Constitution, as the applicant was not equally situated with other prisoners awaiting capital punishment.
- Category: Constitutional
- Related Cases:
- [2021] 1 SLR 809
- Right to life and personal liberty
- Outcome: The court did not find a violation of the applicant's right to life and personal liberty.
- Category: Constitutional
- Stay of execution
- Outcome: The court dismissed the application for a stay of execution, finding no reasonable prospect of success for any intended post-appeal application or review.
- Category: Procedural
- Constitutionality of Post-appeal Applications in Capital Cases Act 2022
- Outcome: The court found that the constitutionality of the PACC procedure had no bearing on the applicant's conviction and sentence.
- Category: Constitutional
8. Remedies Sought
- Stay of execution
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Criminal Appeals
- Constitutional Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Sulaiman bin Jumari | High Court | Yes | [2019] SGHC 210 | Singapore | Affirmed the applicant's conviction on a capital charge of drug trafficking. |
| Sulaiman bin Jumari v Public Prosecutor | Court of Appeal | Yes | [2020] SGCA 116 | Singapore | Dismissed the applicant's appeal against his conviction, affirming the trial court's decision. |
| Iskandar bin Rahmat and others v Attorney-General | General Division of the High Court | Yes | [2024] SGHC 122 | Singapore | Cited as the case where OA 306 was struck out, which was a challenge against the LASCO policy. |
| Mohammad Azwan bin Bohari v PP | Court of Appeal | Yes | [2024] SGCA 38 | Singapore | Cited for the procedural irregularity of filing a criminal motion instead of an originating application and the court's decision to waive it. |
| Syed Suhail bin Syed Zin v Attorney-General | Court of Appeal | Yes | [2021] 1 SLR 809 | Singapore | Cited for the principles regarding equal treatment of prisoners awaiting capital punishment under Article 12(1) of the Constitution. |
| Masoud Rahimi bin Mehrzad and others v Attorney-General | Court of Appeal | Yes | [2024] 1 SLR 414 | Singapore | Cited to establish that the PACC procedure applies prospectively and concerns a limited category of applications. |
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 |
|---|---|
| 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 33B | Singapore |
| Constitution of the Republic of Singapore (Cap, 1999 Rev Ed) Articles 93 | Singapore |
| Constitution of the Republic of Singapore (Cap, 1999 Rev Ed) Articles 94 | Singapore |
| Criminal Procedure Code 2010 (2020 Rev Ed) s 394H | Singapore |
| Post-appeal Applications in Capital Cases Act 2022 (Act 41 of 2022) | Singapore |
| Supreme Court of Judicature Act 1969 (2020 Rev Ed) ss 60F–60M | Singapore |
| Constitution of the Republic of Singapore (2020 Rev Ed) Arts 9 | Singapore |
| Constitution of the Republic of Singapore (2020 Rev Ed) Arts 12 | Singapore |
| Supreme Court of Judicature Act 1969 (2020 Rev Ed) s 60F | Singapore |
| Supreme Court of Judicature Act 1969 (2020 Rev Ed) s 60G(1) | Singapore |
| Supreme Court of Judicature Act 1969 (2020 Rev Ed) s 60G(7) | Singapore |
| Supreme Court of Judicature Act 1969 (2020 Rev Ed) s 60G(4) | Singapore |
| Supreme Court of Judicature Act 1969 (2020 Rev Ed) s 60G(7)(a) | Singapore |
| Supreme Court of Judicature Act 1969 (2020 Rev Ed) s 60G(7)(b) | Singapore |
| Supreme Court of Judicature Act 1969 (2020 Rev Ed) s 60G(7)(c) | Singapore |
| Supreme Court of Judicature Act 1969 (2020 Rev Ed) s 60G(7)(d) | Singapore |
| Supreme Court of Judicature Act 1969 (2020 Rev Ed) s 60G(8) | Singapore |
| Supreme Court of Judicature Act 1969 (2020 Rev Ed) s 60H(6) | Singapore |
| Supreme Court of Judicature Act 1969 (2020 Rev Ed) s 60I(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Post-appeal application in capital cases
- PACC Act
- PACC procedure
- PACC permission
- Stay of execution
- Diamorphine
- Trafficking
- LASCO
- Clemency
- Review application
15.2 Keywords
- Stay of execution
- Post-appeal applications
- Capital punishment
- Constitutionality
- Criminal motion
- Drug trafficking
- Diamorphine
16. Subjects
- Constitutional Law
- Criminal Law
- Criminal Procedure
- Sentencing
- Post-Appeal Applications
- Stay of Execution
17. Areas of Law
- Constitutional Law
- Criminal Procedure
- Sentencing
- Criminal Law