Kho Jabing v Attorney-General: Abuse of Process, Res Judicata, and Constitutional Law
In Kho Jabing v Attorney-General, the Court of Appeal of Singapore dismissed Kho Jabing's appeal on May 20, 2016, finding that he had abused the court's process by attempting to relitigate constitutional arguments that had already been rejected in prior criminal motions. The court held that the arguments were res judicata and without merit, and that allowing such actions would bring the system of justice into disrepute.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Dismissed
1.3 Case Type
Constitutional
1.4 Judgment Type
Ex-Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Appeal dismissed Kho Jabing's appeal, finding an abuse of process in his attempt to relitigate constitutional arguments previously rejected in criminal motions.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Attorney-General | Respondent | Government Agency | Appeal Dismissed | Won | Mohamed Faizal of Attorney-General’s Chambers Francis Ng of Attorney-General’s Chambers Zhuo Wenzhao of Attorney-General’s Chambers |
| Kho Jabing | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Judge of Appeal | Yes |
| Andrew Phang Boon Leong | Judge of Appeal | No |
| Woo Bih Li | Judge | No |
| Lee Seiu Kin | Judge | No |
| Chan Seng Onn | Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Mohamed Faizal | Attorney-General’s Chambers |
| Francis Ng | Attorney-General’s Chambers |
| Zhuo Wenzhao | Attorney-General’s Chambers |
| Alfred Dodwell | Dodwell & Co LLC |
| Chong Yean Yoong Jeannette-Florina | Archilex Law Corporation |
4. Facts
- The appellant filed a second application to set aside the sentence of death.
- The appellant filed two originating summonses in the High Court seeking declarations that provisions in the Penal Code are unconstitutional.
- The appellant sought a stay of execution of the sentence of death.
- The Judicial Commissioner dismissed the application for a stay of execution.
- The appellant argued that the test for imposing the death sentence is too vague.
- The appellant argued that the re-sentencing regime is unconstitutional.
- The appellant argued that the Court of Appeal lacked jurisdiction to hear the Prosecution’s appeal against his sentence.
5. Formal Citations
- Kho Jabing v Attorney-General, Civil Appeal No 73 of 2016, [2016] SGCA 37
6. Timeline
| Date | Event |
|---|---|
| Penal Code (Amendment) Act 2012 enacted | |
| Prosecution's appeal against sentence heard | |
| Judgment delivered in Kho Jabing v Public Prosecutor [2016] SGCA 21 | |
| Second application to set aside sentence of death filed | |
| Second application to set aside sentence of death dismissed | |
| Two originating summonses filed in the High Court | |
| Application dismissed by Judicial Commissioner | |
| Urgent appeal filed | |
| Appeal dismissed |
7. Legal Issues
- Abuse of Process
- Outcome: The court found that the appellant had abused the process of the court by attempting to relitigate issues already decided.
- Category: Procedural
- Res Judicata
- Outcome: The court held that the issues raised by the appellant were res judicata, as they had already been decided in previous litigation between the same parties.
- Category: Procedural
- Vagueness of Sentencing Test
- Outcome: The court rejected the argument that the test for determining when a sentence of death should be imposed is too vague and lacks certainty.
- Category: Substantive
- Constitutionality of Re-sentencing Regime
- Outcome: The court held that the re-sentencing regime did not violate the appellant's constitutional rights to a fair trial, protection against retrospective punishment, or equal treatment.
- Category: Substantive
- Jurisdiction of Court of Appeal
- Outcome: The court held that it had jurisdiction to hear the Prosecution's appeal against the appellant's sentence in 2015.
- Category: Jurisdictional
8. Remedies Sought
- Declarations of Unconstitutionality
- Stay of Execution
9. Cause of Actions
- Constitutional Challenge
10. Practice Areas
- Appeals
- Constitutional Litigation
- Criminal Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| The Rev. Oswald Joseph Reichel, Clerk (Pauper) v The Rev John Richard Magrath, Provost of Queen’s College, Oxford University | House of Lords | Yes | (1889) 14 App Cas 665 | United Kingdom | Cited for the principle that a litigant cannot relitigate the same question by changing the form of proceedings after it has been disposed of by one case. |
| Thomas Reckley v Minister of Public Safety and Immigration and others | Privy Council | Yes | [1995] 2 AC 491 | United Kingdom | Cited regarding the granting of a stay of execution pending the determination of a constitutional challenge, and the court's ability to refuse a stay if the constitutional motion is vexatious. |
| Kho Jabing v Public Prosecutor | Court of Appeal | No | [2016] SGCA 21 | Singapore | Cited to demonstrate that the arguments raised by the appellant had already been rejected by the court in a previous criminal motion. |
| Public Prosecutor v Ilechukwu Uchechukwu Chukwudi | Court of Appeal | No | [2015] SGCA 33 | Singapore | Cited as an example of a case where the Court of Appeal overturned an acquittal by the High Court and imposed the death sentence. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| Penal Code (Amendment) Act 2012 (Act 32 of 2012) | Singapore |
| Constitution of the Republic of Singapore (1985 Rev Ed, 1999 Reprint) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Res Judicata
- Abuse of Process
- Constitutional Rights
- Re-sentencing Regime
- Vagueness
- Fair Trial
- Retrospective Punishment
- Equality Before the Law
- Sentence of Death
- Originating Summons
15.2 Keywords
- Constitutional Law
- Abuse of Process
- Res Judicata
- Singapore Court of Appeal
- Death Penalty
- Kho Jabing
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Constitutional Law | 90 |
| Abuse of Process | 90 |
| Res Judicata | 85 |
| Civil Procedure | 60 |
| Criminal Law | 40 |
16. Subjects
- Constitutional Law
- Criminal Law
- Civil Procedure
- Abuse of Process
- Res Judicata