JUDGMENTS
Criminal Appeal No. 16 of 2016
[Sentence – appeal – Intermediate Court – individual sentences of under 20 years imprisonment resulted in effective prison term of 23 years 6 months – whether excessive]
NORIN BIN PUNGUT/YUSSOF v PUBLIC PROSECUTOR
COACM/16/2016
Decision date: 22 Nov 2016
Criminal Appeal No. 22. of 2016
[Sentence – breach of trust punishable under section 408 Penal Code – appeal by PP on ground that sentence manifestly inadequate – delay – inordinate delay, effect on sentence]
PUBLIC PROSECUTOR v PURWANTI JONG
COACM/22/2016
Decision date: 22 Nov 2016
Criminal Appeal No. 23 of 2016
[Prosecutor’s appeal against sentence of 12 months imprisonment after trial. Respondent had been convicted under s.408 of Penal Code of criminal breach of trust when employed by the Baiduri Bank. Sentence increased to 20 months. Discount for delay]
PUBLIC PROSECUTOR v MOHAMAD YUSMIN HATTA BIN MD YUSOP
COACM/23/2016
Decision date: 21 Nov 2016
Criminal Appeal No. 12 of 2016
[Conviction under section 376(2) Penal Code (rape of 13 year old girl without her consent) CAP 22 upheld. Sentence of 15 years imprisonment and 12 strokes upheld. Breach of trust case in which appellant was a 30 year old serving soldier in a position of authority]
MOHAMMAD AMIROL BIN HAJI ABDUL RAZAK v PUBLIC PROSECUTOR
COACM/12/2016
Decision date: 17 Nov 2016
Criminal Appeal No. 10 of 2016
[-]
MOHAMAD ARIF BIN MOHD JAWI v PUBLIC PROSECUTOR
COACM/10/2016
Decision date: 17 Nov 2016
Criminal Appeal No. 14 of 2016
[Total sentence of 74 months imprisonment and 2 strokes for a series of car thefts, one house trespass and one house breaking reduced on appeal to 5 years and 2 months imprisonment and 2 strokes]
AK HJ RADIMAN BIN PG RAHMAN v PUBLIC PROSECUTOR
COACM/14/2016
Decision date: 16 Nov 2016
Criminal Appeal No. 20 of 2016
[Sentence – possession of 47.3004 grammes of Methylamphetamine section 5 Misuse of Drugs Act – appeal by PP – whether sentence of 20 years imprisonment by Intermediate Court manifestly inadequate – inordinate delay in trial – whether judge should have remitted respondent to High Court for sentence -– appeal dismissed]
PUBLIC PROSECUTOR v RODZIA GADOR BIN RAMBLI
COACM/20/2016
Decision date: 16 Nov 2016
Criminal Appeal No. 19 of 2016
[Sentence – concurrent sentences of 12 months imprisonment for 2 offences of housebreaking contrary to s.454 Penal Code and a concurrent sentence of 2 months imprisonment for one offence of theft contrary to s.379 manifestly inadequate]
PUBLIC PROSECUTOR v MOHAMMAD AIMADUDDIN BIN ZEFRY
COACM/19/2016
Decision date: 15 Nov 2016
Criminal Appeal No. 11 of 2016
[Multiple offences of dishonesty – Thefts, housebreaking – Importance of consideration of starting point for sentence after trial to reflect overall criminality]
MOHAMMAD ALI AKBAR BIN JUFRI v PUBLIC PROSECUTOR
COACM/11/2016
Decision date: 23 May 2016
Criminal Appeal No. 9 of 2016
[Multiple offences of dishonesty – Thefts, housebreaking – Importance of consideration of starting point for sentence after trial to reflect overall criminality]
PG RONI FERRA BIN PG RAMLI v PUBLIC PROSECUTOR
COACM/9/2016
Decision date: 23 May 2016
Criminal Appeal No. 13 of 2016
[Prosecutor’s appeal against sentence of 8 months imprisonment for an offence of housebreaking with intent to commit theft contrary to section 457 of the Penal Code. In the particular unusual circumstances involving totality of sentence appeal dismissed. Circumstances exceptional. Normally sentence would be manifestly too lenient]
PUBLIC PROSECUTOR v MOHAMMAD SUHAIMI BIN MOHD SUFRI
COACM/13/2016
Decision date: 23 May 2016
Civil Appeal No. 5 of 2016
[ Road Traffic Accident – negligence – vicarious liability – Road Traffic Act (Cap 68) Section 86 – Plaintiff’s claim for damages against driver’s employer – Appeal by employer – Respondent’s (Plaintiff’s) counter-notice – damages for quantified likelihood of future medical treatment and costs of maid’s services. Substantial delay between end of trial and delivery of judgment. Appellant’s claim to disallow interest for that interim period. Appeal dismissed – Cross Appeal allowed]
MEGALIFT SDN BHD v FABIOLA NG YIOK CHIN
COACV/5/2016
Decision date: 23 May 2016
Criminal Appeal No. 14 of 2015
[appeal against conviction for murder. Application to withdraw the admissions in facts agreed at trial refused. Admissibility of statements made to pathologist when conducting medical examination considered. Properly admitted in particular circumstances of this case when such statements were made part of the defence case. Appeal refused]
CYRILE NAVARRO TAGAPAN v PUBLIC PROSECUTOR
COACM/14/2016
Decision date: 23 May 2016
Criminal Appeal No. 7 of 2016
[Theft and attempted theft from place of worship contrary to s380A Penal Code – sentences of 12 months and 18 months to be served concurrently due to exceptional personal circumstances]
MOHAMMAD AMLI BIN HAJI MATAYIR v PUBLIC PROSECUTOR
COACM/7/2016
Decision date: 18 May 2016
Criminal Appeal No. 8 of 2016
[Appeal against sentence. Pleaded guilty to three offences of outraging the modesty of daughter when 11 years and 13 years old. Sentenced to total of 3 years 6 months and 3 strokes. Appeal dismissed]
ZAINAL ABIDIN BIN HJ MD HASHIM v PUBLIC PROSECUTOR
COACM/8/2016
Decision date: 17 May 2016
Civil Appeal No. 4 of 2016
[Matrimonial property – Transfer of matrimonial home to wife – Suitability of lump sum in lieu of monthly payments for maintenance.]
LIM CHAI HOCK v JOSEPHINE HENG
COACV/4/2016
Decision date: 16 May 2016
Criminal Appeal No. 6 of 2016
[Public Prosecutor’s appeal for an increase in sentence. Sentence of 14 years imprisonment after a guilty plea to 9 counts of rape on 3 of the defendant’s young daughters (contrary to ss 376(1) and (2) CAP 22) considered to be inadequate – many aggravating features – 16 years imprisonment subtituted]
PUBLIC PROSECUTOR v HAMRAN BIN BAKAR
COACM/6/2016
Decision date: 14 May 2016
Criminal Appeal No. 5 of 2016
[Public Prosecutor’s appeal against acquittal. Appeal refused. On the evidence he heard it was open to the judge to find that the prosecution had not proved beyond reasonable doubt that the respondent ‘knew, or had reason to believe’ banknotes to be counterfeit contrary to section 489B of the Penal Code]
PUBLIC PROSECUTOR v THIAN LI HENG
COACM/5/2016
Decision date: 14 May 2016
Civil Appeal No. 11 of 2015
[Application for summary possession of land pursuant order 88 rule 1 – Applicable test – whether interlocutory or final order – S.20(2)(f) CAP 5 – When leave to appeal to Court of Appeal should be granted.]
HARAZ INDUSTRIAL SDN BHD, YAU WEE WOON, WU CHAY CHIN v LEE FATT KHONG
COACV/11/2015
Decision date: 12 May 2016
Criminal Appeal No. 2 of 2016
[Convicted after trial of theft of $100,000 from employers. Breach of Trust by security company supervisor. Sentence of 3 years 6 months. Appeal against sentence dismissed]
ABDUL RAHMAN BIN HAJI ABDUL HAMID v PUBLIC PROSECUTOR
COACM/2/2016
Decision date: 12 May 2016
Criminal Appeal No. 3 of 2016
[Appeal against total sentence of 5 years imprisonment with 2 strokes after pleas to 7 offences of dishonesty to support a drug habit. A persistent, opportunist, small-time offender. Offences not professional. Offences began shortly after his release from prison for similar offences but has realistic support from family to assist him when released. Appeal allowed against total sentence. Reduced to 3 years and 4 months with 2 strokes. Exceptional case]
MUHAMMAD ZAAKIRIN BIN RAHIM v PUBLIC PROSECUTOR
COACM/3/2016
Decision date: 12 May 2016
Civil Appeal No. 12 of 2015
[Statement of Claim struck out under order 18 rule 18 RSC by Senior Registrar.
Plaintiff’s appeal dismissed by judge. Appeal from Judge dismissed. No reasonable
cause of action demonstrated in the pleadings]
MALAI NURIDAH SHEIKH MOHAMMAD v BRUNEI SHELL PETROLEUM COMPANY SDN BHD, KEN MARNOCH
COACV/12/2015
Decision date: 11 May 2016
Civil Appeal No. 12 of 2015
[Statement of Claim struck out under order 18 rule 18 RSC by Senior Registrar. Plaintiff’s appeal dismissed by judge. Appeal from Judge dismissed. No reasonable cause of action demonstrated in the pleadings]
MALAI NURIDAH SHEIKH MOHAMMAD v BRUNEI SHELL PETROLEUM COMPANY SDN BHD, KEN MARNOCH
COACV/12/2015
Decision date: 11 May 2016
Criminal Appeal No. 19 of 2015
[Sentence for gang robbery (s.39L CAP 22) and rape (s.376(L) CAP22). Totality principle considered 18 years qnd 72 strokes reduced to L4 years and 72 strokes]
MUHAMMAD AZRI BIN AZMAN v PUBLIC PROSECUTOR
COACM/19/2015
Decision date: 30 Nov 2015
Criminal Appeal No. 11 of 2015
[Joint charge of people smuggling – the presumption under section 7 (2) of the Trafficking and People Smuggling Order 2004 engaged – neither appellant succeeded in rebutting the presumption. Appeals against conviction dismissed]
SANTONY BIN ANJIN v PUBLIC PROSECUTOR
COACM/11/2015
Decision date: 26 Nov 2015
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