Masoud Rahimi Bin Mehrzad v PUBLIC PROSECUTOR

[2024] SGCA 56 Court of Appeal 28 November 2024 • CA/OAC 2/2024 • 24 min read
11 cases cited Cited by 5 cases

Catchwords

Practice Areas

Judges (1)

Counsel (3)

Parties (2)

Case Significance

Masoud Rahimi bin Mehrzad v Public Prosecutor [2024] SGCA 56 is a judgment of the Court of Appeal by Tay Yong Kwang JCA, heard on 27 November 2024 and delivered on 28 November 2024 in OAC No 2 of 2024. The applicant, Mr Masoud Rahimi bin Mehrzad, a prisoner awaiting capital punishment, brought an application under Division 4 of Part 5 of the Supreme Court of Judicature Act 1969 (2020 Rev Ed) for permission to make a post-appeal application in a capital case (a "PACC" application). His execution was scheduled for the following day, 29 November 2024.

Mr Masoud sought a stay of the scheduled execution pending determination of the permission application, permission to file a PACC application seeking a prohibiting order against his execution and a quashing order of the notice of execution dated 22 November 2024, and a stay to allow reasonable time to file a leave application under s 394H of the Criminal Procedure Code. He had been tried jointly in the High Court with Mr Mogan Raj Terapadisamy in CC 14/2013 on two charges each under the Misuse of Drugs Act (Cap 185, 2008 Rev Ed), including a capital charge for possession. The judgment cited 11 authorities and referenced the Applications in Capital Cases Act, Criminal Procedure Code, Misuse of Drugs Act and Supreme Court of Judicature Act. It has been cited 5 times.

[2024] SGCA 56 explained

Masoud Rahimi Bin Mehrzad v PUBLIC PROSECUTOR ([2024] SGCA 56) is a Singapore judgment decided by the Court of Appeal on 28 November 2024. It is categorised under Criminal Procedure and Sentencing. Within this corpus it has since been cited by 5 other reported Singapore judgments, a measure of how often later decisions have referred to it. 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 [2024] SGCA 56 about?

Masoud Rahimi Bin Mehrzad v PUBLIC PROSECUTOR ([2024] SGCA 56) is a Court of Appeal decision from 2024. Its published catchwords are “Criminal Procedure and Sentencing — Stay of execution”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2024] SGCA 56 consider?

The judgment refers to Applications in Capital Cases Act, Criminal Procedure Code (Cap 68), Misuse of Drugs Act (Cap 185), and Supreme Court of Judicature Act (Cap 322). The statutes cited are listed in full on this page, each linking to its primary text.

What earlier Singapore cases does [2024] SGCA 56 cite?

Among the in-corpus authorities it refers to are [2024] SGCA 51 and [2024] SGCA 39. The complete list of cases cited, and of later cases that cite this decision, is shown on this page.

How influential is [2024] SGCA 56?

Within this corpus, [2024] SGCA 56 has been cited by 5 later reported Singapore judgments. That count reflects references from other decisions held in this corpus only and is a conservative lower bound on how often the case has actually been cited.

Summary

Masoud Rahimi bin Mehrzad, a prisoner awaiting capital punishment whose execution was scheduled, applied for permission to make a post-appeal application in a capital case, together with a stay of execution and orders quashing the notice of execution. He had been convicted of a capital charge of possessing diamorphine for the purpose of trafficking, and his defence that he had been framed by a moneylending syndicate had earlier been rejected. The Court of Appeal found no justification to stay the execution and no basis to grant permission, holding that his purported new evidence would not affect his conviction or sentence, and dismissed the application summarily.

What was Masoud Rahimi bin Mehrzad v Public Prosecutor [2024] SGCA 56 about?

Masoud Rahimi bin Mehrzad v Public Prosecutor [2024] SGCA 56 was an application before Tay Yong Kwang JCA by a prisoner awaiting capital punishment for a stay of his execution scheduled for 29 November 2024 and permission to file a post-appeal application in a capital case (PACC).

What orders did Masoud Rahimi seek in his capital case application [2024] SGCA 56?

In [2024] SGCA 56, Mr Masoud sought a stay of his execution scheduled for 29 November 2024, permission to file a PACC application for a prohibiting order against execution and quashing of the notice of execution dated 22 November 2024, and time to file a s 394H leave application.

Statutes Cited

Cases Cited (11)

SG (3)
SLR (8)
[2017] 1 SLR 257 [2022] 2 SLR 1018 [2022] 4 SLR 934 [2024] 1 SLR 1127 [2024] 1 SLR 414 [2024] 1 SLR 677 [2024] 4 SLR 331 [2024] 5 SLR 1290

Cited By (5)

Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2024] SGCA 56)