JUDGMENTS
Criminal Appeal No. 4 of 2022
[sentence-appeal dismissed. ICCT No. 72 of 2020: s.457, Penal Code, housebreaking at night, starting point of 7 year’s imprisonment for a single offence too high; discount of 42% for a plea of guilty excessive.
ICCT No. 44 of 2020: s.435, Penal Code, causing mischief by fire to a motor car;, starting point of 4 years’ imprisonment too high; discount of 43% for a plea of guilty, excessive. Discount of 25% only for allegedly late pleas of guilty from the starting point for sentence for an Alternative to Additional Charge 5 of housebreaking, contrary to s. 454, Penal Code, and an Alternative to Additional Charge 9 of committing mischief by wrongful damage to a motor car, contrary to s. 426, Penal Code, not justified; usual discount of one-third appropriate. ]
Decision date: 23 Nov 2022
Criminal Motion No. 18 of 2022
[Sentence: Guilty pleas to 5 charges contrary to s.380A CAP 22. Principle of totality considered. Sentence reduced from 42 months to 32 months and 2 strokes]
Decision date: 23 Nov 2022
Criminal Appeal No. 20 of 2020
[sentence-Libut’s appeal allowed in one respect only. Judge’s order that the effective date of sentence be the date of sentence, quashed; order made that the effective date of sentence was to run from the date the appellant was remanded in custody by an order made under the Criminal Law Preventive Detention Order. Sofianapplication for leave to appeal out of time dismissed. ]
Decision date: 22 Nov 2022
Criminal Appeal No. 1 of 2022
[sentence-application for leave to appeal out of time allowed; sentence of 8 years’ imprisonment, following a plea of guilty to an offence of mischief by fire, intending to cause damage or knowing it likely to be caused quashed; in its place, a sentence of 6 years and 8 months’ imprisonment imposed; no other orders. Total resulting sentence-7 years and 8 months’ imprisonment and 6 strokes]
Decision date: 22 Nov 2022
Criminal Motion No. 17 of 2022
Criminal Appeal No. 10 of 2022
[Criminal law – Section 420 of the Penal Code – appeal against sentence – deceiving Pharmacy department – supply of Pethidine – nurse – for personal use – government monetary loss $831.60 – imprisonment sentence reduced – appeal allowed]
ERLINA BINTI YAAKUB v PUBLIC PROSECUTOR
HACM/10/2022
Decision date: 22 Nov 2022
Criminal Motion No. 3 of 2022
[sentence – Libut’s appeal allowed in one respect only. Judge’s order that the effective date of sentence be the date of sentence, quashed; order made that the effective date of sentence was to run from the date the appellant was remanded in custody by an order made under the Criminal Law Preventive Detention Order. Sofian application for leave to appeal out of time dismissed]
Decision date: 22 Nov 2022
Criminal Appeal No. 3 of 2022
[ Sentence: Taking obscene photographs (3 charges under s.293B of the Penal Code) and one charge contrary to s.354 of CAP 22. Pleaded guilty and clear record. Sentence of 6 years and 6 months plus 3 strokes excessive. Appeal allowed sentence reduced.]
Decision date: 22 Nov 2022
Criminal Appeal No. 16 of 2021
[Sentence – Housebreaking by night (s.457); considerable damage done to property. Bad criminal record. Convicted after trial. Sentence of 6 years and 3 strokes upheld]
Decision date: 21 Nov 2022
Criminal Appeal No. 9 of 2021
[sentence-appeal allowed; gang robbery, contrary to s. 395 and s. 398, Penal Code and housebreaking at night, s. 457; appellant’s evidence for the prosecution accepted at trial of a co-accused who was sentenced to 15 years’ imprisonment; 50% discount from starting points; 8 years’ imprisonment and 12 strokes, reduced to 6 years’ imprisonment and 12 strokes]
Decision date: 19 Nov 2022
Criminal Appeal No. 11 of 2021
[sentence, causing death of 5-month-old daughter (s.304(1) Penal Code) 15 yeas; causing GBH (s. 325-10 years and 2 strokes); failing to report to police (s. 176)-2 months. Total sentence: 20 years and 2 strokes. Appeal dismissed. Imposition of maximum sentence- within band of the worst type of case. No discount for pleas of guilty for s. 304 (1) and s. 325 offences- need to protect society and reflect public abhorrence. PP’s appeal against order of 2 strokes only dismissed- within judge’s discretion]
Decision date: 19 Nov 2022
Criminal Appeal No. 10 of 2021
[sentence, causing death of 5-month-old daughter (s.304(1) Penal Code) 15 yeas; causing GBH (s. 325-10 years and 2 strokes); failing to report to police (s. 176)-2 months. Total sentence: 20 years and 2 strokes. Appeal dismissed. Imposition of maximum sentence- within band of the worst type of case. No discount for pleas of guilty for s. 304 (1) and s. 325 offences- need to protect society and reflect public abhorrence. PP’s appeal against order of 2 strokes only dismissed- within judge’s discretion]
Decision date: 19 Nov 2022
Criminal Appeal No. 9 of 2021
[sentence-appeal allowed; gang robbery, contrary to s. 395 and s. 398, Penal Code and housebreaking at night, s. 457; appellant’s evidence for the prosecution accepted at trial of a co-accused who was sentenced to 15 years’ imprisonment; 50% discount from starting points; 8 years’ imprisonment and 12 strokes, reduced to 6 years’ imprisonment and 12 strokes]
Decision date: 19 Nov 2022
Criminal Motion No. 1 of 2021
[Appeals against convictions and sentence dismissed on offences of outraging the modesty of the appellant’s young daughters. Sentence of 13 years and 7 strokes upheld. ]
Decision date: 19 Nov 2022
Criminal Appeal No. 21 of 2021
[Sentence: total of 4 years imprisonment upheld following guilty pleas to 2 offences contrary to s.457 (Penal Code) and 2 offences contrary to s.454. Strokes reduced from 6 to 2 to reflect the pleas of guilty and question of totality]
Decision date: 19 Nov 2022
Criminal Appeal No. 13 of 2021
Criminal Appeal No. 12 of 2021
[Sentence: 5 offences of dishonesty including one of housebreaking by night (s.457 CAP 22). Overall term of imprisonment of 3 years and 4 months upheld. Number of strokes reduced from 3 to 2 because no discount had be given in the number strokes from the judge’s starting point]
Decision date: 19 Nov 2022
Criminal Motion No. 15 of 2020
[Sentence, multiple housebreaking by night (s.457 Cap 22), 17 pleas of guilty. Planned professional criminal activity. Starting point of 15 years reduced to 13 years 6 months. Final sentence 9 years and 5 strokes]
Decision date: 12 Nov 2022
Criminal Motion No. 47 of 2020
Criminal Appeal No. 19 of 2020
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Decision date: 12 Nov 2022
Criminal Appeal No. 7 of 2021
[Conviction: appeal dismissed; 3 charges s. 409 Penal Code-criminal breach of trust dishonest misappropriation, $17,400 of cash bail bond monies over 2 ½ years by Inspector of RBPF; repeatedly failed to hand over monies; handed over only $3,900 at the end; balance of $13,500 unaccounted for. Judge entitled to draw adverse inferences.
Sentence: total of 4 years’ imprisonment entirely appropriate; aggravating factorsabuse of position and authority over 2 ½ years-undermined public confidence in the integrity of RBPF; significant loss. Compensation order of $13,900 in favour of RBPFentirely proper. Appeal dismissed.]
Decision date: 12 Nov 2022
Criminal Motion No. 49 of 2020
[Sentence: serious abuse of trust by appellant sexually abusing his younger stepsister. Abuse started when the victim was 5 years old. 9 years and 4 months with 4 strokes upheld]
Decision date: 12 Nov 2022
Criminal Appeal No. 21 of 2022
[Criminal law – Outraging modesty – Sentence ]
KANG BYONG DUG v PUBLIC PROSECUTOR
HACM/21/2022
Decision date: 15 Oct 2022
Criminal Trial No. 10 of 2022
[Criminal law – 2 charges of rape of a girl under 14 years old under section 376(2)(b) – Penal Code – pleaded guilty to both charges – sentence of 16 years and 12 strokes of whipping]
Public Prosecutor v Mohammad Eddy Hazman bin Haji Sulaiman
HCCT/10/2022
Decision date: 1 Oct 2022
Criminal Motion No. 21 of 2022
[Criminal law – Flight risk – Bail denied]
Abdul Quim Bin Asul v Public Prosecutor
CM/21/2022
Decision date: 10 Sep 2022
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