Dzulkarnain Bin Khamis v PUBLIC PROSECUTOR

[2023] SGCA 14 Court of Appeal 27 April 2023 CA/CCA 30/2020 · CA/CCA 32/2020 · CA/CM 23/2022 62 min read
16 cases cited (14 SG, 2 foreign)

Key facts

Court Court of Appeal
Decided
Judges Judith Prakash, Steven Chong, Sundaresh Menon
Charges / claim Criminal Law, Criminal Procedure And Sentencing
Counsel Acacia Legal LLC, Andre Jumabhoy LLC, Attorney-General's Chambers, Eugene Thuraisingam LLP, Andre Darius Jumabhoy, Eugene Singarajah Thuraisingam, Keith Jieren Thirumaran, Nicholas Wuan Kin Lek, Shirin Chew, Si Hoe Tat Chorng, Suang Wijaya, Tay Swee Keng Mark

Source: [2023] SGCA 14, Court of Appeal, decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (3)

Counsel (12)

Parties (3)

Case Significance

Dzulkarnain bin Khamis v Public Prosecutor and anor appeal and anor matter [2023] SGCA 14 is a grounds of decision of the Court of Appeal, delivered on 27 April 2023 by Sundaresh Menon CJ, sitting with Judith Prakash JCA and Steven Chong JCA, in Criminal Appeals Nos 30 and 32 of 2020 and Criminal Motion No 23 of 2022. The appeals and criminal motion arose out of the prosecution and conviction of Dzulkarnain bin Khamis and Sanjay Krishnan over their possession of not less than 2375.1g of cannabis. Dzulkarnain claimed trial to a capital charge under s 5(1)(a) of the Misuse of Drugs Act for delivering the drugs to Sanjay, who was charged under s 5(1)(a) read with s 5(2) for possession for the purpose of trafficking.

[2023] SGCA 14 explained

Dzulkarnain Bin Khamis v PUBLIC PROSECUTOR ([2023] SGCA 14) is a Singapore judgment decided by the Court of Appeal on 27 April 2023. It is categorised under Criminal Law and Criminal Procedure And Sentencing. It is a recent decision; within this corpus no later judgment has cited it yet. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.

What is [2023] SGCA 14 about?

Dzulkarnain Bin Khamis v PUBLIC PROSECUTOR ([2023] SGCA 14) is a Court of Appeal decision from 2023. Its published catchwords are “Criminal Law — Statutory offences — Misuse of Drugs Act” and “Criminal Procedure And Sentencing — Appeal — Adducing fresh evidence”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2023] SGCA 14 consider?

The judgment refers to Criminal Procedure Code (Cap 68), Evidence Act (Cap 97), and Misuse of Drugs Act (Cap 185). The statutes cited are listed in full on this page, each linking to its primary text.

What did the court decide in Dzulkarnain bin Khamis v Public Prosecutor [2023] SGCA 14?

The Court of Appeal, in grounds delivered by Sundaresh Menon CJ on 27 April 2023, addressed the appeals of Dzulkarnain bin Khamis and Sanjay Krishnan against their convictions for possession of not less than 2375.1g of cannabis, together with an application to adduce fresh evidence.

What charges were involved in Dzulkarnain bin Khamis v Public Prosecutor [2023] SGCA 14?

Dzulkarnain bin Khamis claimed trial to a capital charge under s 5(1)(a) of the Misuse of Drugs Act for delivering the cannabis to Sanjay Krishnan, who faced a capital charge under s 5(1)(a) read with s 5(2) for possession for the purpose of trafficking.

Statutes Cited

Cases Cited (16)

SG (2)
[2021] SGHC 48 [2022] SGCA 21
SLR (12)
[1993] 3 SLR(R) 566 [2006] 1 SLR(R) 582 [2009] 4 SLR(R) 946 [2013] 3 SLR 573 [2014] 3 SLR 721 [2018] 1 SLR 544 [2018] 2 SLR 1087 [2019] 1 SLR 1003 [2019] 1 SLR 440 [2019] 2 SLR 726 [2020] 2 SLR 95 [2021] 2 SLR 1169
UK (1)
[1954] 1 WLR 1489
MY (1)
[1962] MLJ 289

Related cases

Other Singapore judgments involving the same parties or counsel.

Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGCA 14)