ROSLAN BIN BAKAR v ATTORNEY-GENERAL OF SINGAPORE
Catchwords
Practice Areas
Judges (1)
Counsel (3)
Case Significance
Roslan bin Bakar v Attorney-General [2024] SGCA 51 was decided by the Court of Appeal on 14 November 2024 in OAC No 1 of 2024, with Tay Yong Kwang JCA delivering the judgment. The application was made by Mr Roslan Bin Bakar, a prisoner awaiting capital punishment, under Division 4 of Part 5 of the Supreme Court of Judicature Act 1969, seeking permission to make a post-appeal application in a capital case (a "PACC application") with his execution scheduled for the following day, 15 November 2024. Mr Roslan sought a stay of that execution pending determination of the permission application, permission to file a PACC application seeking a prohibiting order against the execution and a quashing order of the notice of execution dated 11 November 2024, and any other relief. The judgment records that Mr Roslan was tried jointly with Pausi bin Jefridin in CC 35/2009 on two charges: a capital charge of trafficking in not less than 96.07g of diamorphine and a non-capital charge of trafficking in not less than 76.37g of methamphetamine, both under s 5(1)(a) read with s 33 of the Misuse of Drugs Act. The catchwords concern equal protection of the law, fundamental liberties and the right to life and personal liberty, and stay of execution.
Summary
In this application, the applicant, a prisoner awaiting capital punishment whose conviction for drug trafficking and death sentence had been upheld on appeal, sought permission to make a post-appeal application in a capital case together with a stay of his execution scheduled for the following day. He relied on a separate constitutional challenge (OA 972) concerning provisions of the Supreme Court of Judicature Act and the Criminal Procedure Code. The court held that those provisions came into force long after his conviction and could not affect his case, and it dismissed the application summarily without an oral hearing, finding no basis to grant permission or to stay the execution.
What did Roslan bin Bakar seek in [2024] SGCA 51?
Roslan bin Bakar sought permission to make a post-appeal application in a capital case under Division 4 of Part 5 of the Supreme Court of Judicature Act 1969, a stay of his execution scheduled for 15 November 2024, and a quashing order of the notice of execution.
What charges did Roslan bin Bakar face according to [2024] SGCA 51?
The judgment records that Roslan bin Bakar was tried jointly with Pausi bin Jefridin in CC 35/2009 on a capital charge of trafficking not less than 96.07g of diamorphine and a non-capital charge of trafficking not less than 76.37g of methamphetamine under the Misuse of Drugs Act.
Statutes Cited
Cases Cited (18)
Referenced in
Statutes interpreted in this judgment
Judgment
Read the full judgment on the official Singapore Courts portal.
Read on eLitigationSource: eLitigation ([2024] SGCA 51)