AHMAD DANIAL BIN MOHAMED RAFA'EE v PUBLIC PROSECUTOR

[2023] SGHC 94 High Court (General Division) 13 April 2023 HC/MA 9133/2022/01

13 cases cited (11 SG, 2 foreign)

Outcome

Appeal dismissed

“I dismissed the appeal.”

Source: [2023] SGHC 94, High Court (General Division), decided 13 April 2023. Read directly from the judgment.

Key facts

Court	High Court (General Division)
Decided	13 April 2023
Judge	Sundaresh Menon
Charges / claim	Criminal Procedure and Sentencing
Outcome	Appeal dismissed
Counsel	Attorney-General's Chambers, Withers KhattarWong LLP, Laura Yeo Wei Wen, Lim Shin Hui, Nathan Shashidran, R. Arvindren, Yang Ziliang

Source: [2023] SGHC 94, High Court (General Division), decided 13 April 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Criminal Procedure and Sentencing — Charge — Discharge

Practice Areas

Criminal Procedure and Sentencing

Judges (1)

Sundaresh Menon Delivered

Counsel (7)

Attorney-General's Chambers Firm Withers KhattarWong LLP Firm

Laura Yeo Wei Wen Counsel for the appellant

Lim Shin Hui Counsel for the respondent Nathan Shashidran Counsel for the appellant R. Arvindren Counsel for the respondent Yang Ziliang Counsel for the respondent

Parties (2)

Public Prosecutor Respondent

Ahmad Danial Bin Mohamed Rafa’ee Appellant

Case Significance

AHMAD DANIAL BIN MOHAMED RAFA'EE v PUBLIC PROSECUTOR [2023] SGHC 94 was decided by Sundaresh Menon CJ in the General Division of the High Court (Magistrate's Appeal No 9133 of 2022/01) on 13 April 2023. The appellant, Ahmad Danial bin Mohamed Rafa'ee, had been charged with murder under s 302 read with s 34 of the Penal Code on 17 December 2020 in connection with the 2007 disappearance of Ms Felicia Teo Wei Ling; about 18 months later, on 27 June 2022, the Prosecution applied for a discharge not amounting to an acquittal (DNATA), which the district judge granted. The appellant appealed, contending that the district judge should instead have ordered a discharge amounting to an acquittal (DATA), and the Chief Justice dismissed the appeal.

What did the High Court decide in Ahmad Danial bin Mohamed Rafa'ee v Public Prosecutor ([2023] SGHC 94)?

In [2023] SGHC 94, Sundaresh Menon CJ dismissed Ahmad Danial's Magistrate's Appeal No 9133 of 2022/01, upholding the district judge's order granting the Prosecution a discharge not amounting to an acquittal (DNATA) rather than a discharge amounting to an acquittal (DATA) on the murder charge.

Why was Ahmad Danial bin Mohamed Rafa'ee charged with murder ([2023] SGHC 94)?

He was charged on 17 December 2020 under s 302 read with s 34 of the Penal Code over the 2007 disappearance of Ms Felicia Teo Wei Ling; he and Mr Ragil were the last two people to see her alive.

Statutes Cited

Criminal Procedure Code (Cap 68) Cases on this Act →

s 232(1)

Penal Code (Cap 224) Cases on this Act →

s 34

Cases Cited (13)

SG (1)

[2022] SGDC 176

SLR (10)

[1990] 1 SLR(R) 660 [1993] 1 SLR(R) 542 [1993] 3 SLR(R) 369 [1998] 1 SLR(R) 347 [1998] 2 SLR(R) 890 [2001] 3 SLR(R) 639 [2009] 4 SLR(R) 314 [2013] 3 SLR 258 [2020] 1 SLR 64 [2021] 3 SLR 641

UK (1)

[1964] 2 WLR 1145

MY (1)

[2022] 5 MLJ 639