AZUIN BIN MOHD TAP v PUBLIC PROSECUTOR

[2025] SGCA 8 Court of Appeal 27 February 2025 • CA/CM 48/2024 • 19 min read
18 cases cited (16 SG, 2 foreign)

Catchwords

Criminal Procedure and Sentencing — Appeal — Adducing fresh evidence — Fresh expert evidence — Whether fresh expert evidence relevant to appeal Criminal Procedure and Sentencing — Appeal — Criminal motions seeking to adduce fresh evidence to aid appeal — Abuse of process — Expert shopping after decision below

Practice Areas

Criminal Procedure and Sentencing

Judges (3)

Steven Chong Delivered Sundaresh Menon Coram Tay Yong Kwang Coram

Counsel (10)

Attorney-General's Chambers Firm Dentons Rodyk & Davidson LLP Firm Dew Chambers Firm Imperial Law LLC Firm Anandan Bala Counsel Respondent Aw Wee Chong Nicholas Counsel Applicant Jotham Tay Counsel Respondent Lim Hui Li Debby Counsel Applicant Tan Wee Hao Counsel Respondent Wong Li-Yen Dew Counsel Applicant

Parties (2)

Public Prosecutor Respondent Azuin bin Mohd Tap Applicant

Case Significance

[2025] SGCA 8 is a Court of Appeal decision dated 27 February 2025 concerning Criminal Procedure and Sentencing, specifically addressing appeal. The judgment was delivered by Steven Chong, with Sundaresh Menon and Tay Yong Kwang on the coram. The case was brought by Azuin bin Mohd Tap (applicant) against Public Prosecutor (respondent). Legal representation was provided by Dentons Rodyk & Davidson LLP and Attorney-General's Chambers. The judgment cites 18 cases (16 Singapore, 2 foreign) and references 1 statutory provision, namely the Misuse of Drugs Act.

Summary

Azuin bin Mohd Tap, convicted of capital drug trafficking and sentenced to death, applied to adduce fresh psychiatric evidence on appeal in the form of two new expert reports to support a diminished responsibility defence. The Court of Appeal dismissed the application, finding the new reports were immaterial to the appeal as they did not address the critical issue of whether the applicant suffered from persistent depressive disorder at the time of the offence. The court also expressed concern that the applicant was engaged in impermissible 'expert shopping' to pursue inconsistent lines of argument.

What was decided in [2025] SGCA 8?

[2025] SGCA 8 (AZUIN BIN MOHD TAP v PUBLIC PROSECUTOR) is a Court of Appeal decision from 27 February 2025 addressing Criminal Procedure and Sentencing, specifically appeal. The judgment was delivered by Steven Chong.

Who were the parties in AZUIN BIN MOHD TAP v PUBLIC PROSECUTOR?

The applicant in [2025] SGCA 8 was Azuin bin Mohd Tap, and the respondent was Public Prosecutor. Legal representation included Dentons Rodyk & Davidson LLP and Attorney-General's Chambers. The case was decided on 27 February 2025 in the Court of Appeal.

Which judge decided [2025] SGCA 8?

[2025] SGCA 8 was delivered by Steven Chong in the Court of Appeal on 27 February 2025. Sundaresh Menon and Tay Yong Kwang also sat on the coram. The case concerned Criminal Procedure and Sentencing.

What cases and statutes does [2025] SGCA 8 cite?

[2025] SGCA 8 cites 18 prior decisions, including 2 from foreign jurisdictions. It references Misuse of Drugs Act.

Statutes Cited

Misuse of Drugs Act (Cap 185)
s 33B(1)

Cases Cited (18)

SG (2)
[2021] SGCA 18 [2023] SGHC 165
SLR (14)
[2014] 3 SLR 299 [2016] 2 SLR 893 [2016] 3 SLR 135 [2017] 1 SLR 505 [2018] 1 SLR 544 [2019] 2 SLR 216 [2019] 2 SLR 341 [2020] 2 SLR 744 [2021] 1 SLR 159 [2021] 2 SLR 1169 [2022] 1 SLR 452 [2022] 2 SLR 211 [2023] 1 SLR 1317 [2023] 1 SLR 1398
UK (2)
[1954] 1 WLR 1489 [2020] EWCA Crim 270

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2025] SGCA 8)