Moad Fadzir Bin Mustaffa v PUBLIC PROSECUTOR
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Case Significance
Moad Fadzir bin Mustaffa v Public Prosecutor [2024] SGCA 26 was a decision of the Court of Appeal in Criminal Motion No 31 of 2024, heard on 1 August 2024 and decided on 2 August 2024 by Tay Yong Kwang JCA, Steven Chong JCA and Woo Bih Li JAD, with Tay Yong Kwang JCA delivering the judgment of the court. The applicant, Moad Fadzir bin Mustaffa, was a prisoner awaiting capital punishment; the Public Prosecutor was the respondent, represented by Wong Woon Kwong and Sarah Siaw.
The judgment recorded that Mr Moad Fadzir applied to the Court of Appeal in the evening of 1 August 2024, the eve of his scheduled execution, for a stay of execution. In his handwritten application he asked the court to exercise its inherent jurisdiction and powers under Articles 93 and 94 of the Constitution to stay the execution, initially on the basis that he was an appellant in a pending civil appeal, CA/CA 38 of 2024, against the dismissal of HC/OA 306 of 2024. On the morning of 2 August 2024 he filed an amended Criminal Motion deleting the reference to the pending civil appeal and instead seeking a stay on the basis that he intended to file an application to review his criminal case. The pending civil appeal related to a decision of Dedar Singh Gill J to strike out OA 306/2024.
Summary
In this criminal motion, the applicant, a prisoner awaiting capital punishment, applied on the eve of his scheduled execution for a stay of execution, initially relying on a pending civil appeal and later on his stated intention to file a review application of his criminal case. The court found that the pending civil appeal could have no bearing on his conviction or sentence and that he had not provided any ground different from his previous unsuccessful review applications. The court dismissed the application pursuant to section 238A(1) of the Criminal Procedure Code.
What did Moad Fadzir bin Mustaffa apply for in [2024] SGCA 26?
In [2024] SGCA 26, Moad Fadzir bin Mustaffa, a prisoner awaiting capital punishment, applied to the Court of Appeal in Criminal Motion No 31 of 2024 for a stay of execution on the eve of his scheduled execution, invoking the court's inherent jurisdiction and Articles 93 and 94 of the Constitution.
Which judges decided Moad Fadzir bin Mustaffa v PP [2024] SGCA 26?
The Court of Appeal decided [2024] SGCA 26 on 2 August 2024 with a coram of Tay Yong Kwang JCA, Steven Chong JCA and Woo Bih Li JAD. Tay Yong Kwang JCA delivered the judgment of the court following a hearing on 1 August 2024.
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Judgment
Read the full judgment on the official Singapore Courts portal.
Read on eLitigationSource: eLitigation ([2024] SGCA 26)