JUDGMENTS
Civil Suit No. 87 of 2021
[Appeal from order recusing lawyers from acting – test to be applied – relevance of possible evidence to matters in issue]
Pengiran Hajah Sharinah Binti Pg Dato Sharifuddin Pg Datin Shazainah Binti Pg Dato Sharifuddin [Suing as the Joint Administratrixes of the estate of Pg Dato Hj Sharifuddin Pg Metali, deceased) v Fleet Resources Development Sdn Bhd
HCCS/87/2021
Decision date: 3 Oct 2023
Criminal Appeal No. 14 of 2023
[Criminal law – Possession of arms without a licence – Sentence]
Decision date: 2 Oct 2023
Criminal Appeal No. 13 of 2023
[Criminal law – Drug consumption – Second offender – Minimum sentence]
Decision date: 25 Sep 2023
Criminal Trial No. 8 OF 2022
[Bail – Reapplication – No Fresh Circumstances – Application Dismissed]
Decision date: 16 Sep 2023
Criminal Motion No. 19 of 2023
[Criminal Law – Misuse of Drugs Act, Cap 27 – 2 counts under section 6(b) and 1 count under section 7 – previous conviction – sentence – application dismissed]
Muhammad Shafiq bin Abdullah v Public Prosecutor
CM/19/2023
Decision date: 14 Sep 2023
Criminal Motion No. 13 of 2023
[Criminal law – Theft of motor vehicles – Multiple offences – Previous convictions – Sentence]
Md Yasmin Bin Md Yussof v Public Prosecutor
CM/13/2023
Decision date: 12 Sep 2023
Criminal Trial No. 38 of 2022
[Criminal law – Section 451 of the Penal Code Cap 22 read with section 34 of the same-did commit house-breaking- section 380 of the Penal Code- did commit theft- section 451 of the Penal Code-did commit house-trespass-guilty plea]
Decision date: 7 Sep 2023
Commercial Civil Suit No. 14 of 2022
[Civil Law – Striking out of Writ and Statement of Claim – Order 18 of the Rules of Supreme Court –
Application to amend Writ & Statement of Claim – Order 20 Rule 5 of Rules of the Supreme Court – Rectification of instruments – sections 30 to 33 of the Specific Relief Act, Cap 109- issue of no jurisdiction – declaratory decrees.]
Date of Judgment: 5 Sep 2023
Criminal Appeal No. 13 of 2022
[Criminal Law – Section 420 and read with Section 109 of the Penal Code – 2 charges – plead not guilty – convicted – sentenced to 2 years 6 months for each charge – concurrent – appeal – conviction and sentence – will not disturb finding of facts – dismissed both appeal against conviction and sentence]
Decision date: 26 Aug 2023
Criminal Appeal No. 15 of 2023
[Criminal Law – In furtherance of common intention to commit theft under Section 379 read with Section 34 of the Penal Code – pleaded not guilty – convicted – sentenced to fine of $2500 in default of 2 months imprisonment – appeal to pay fine by instalment – seriousness of offence and need to deter supersede family hardship – appeal dismissed]
Decision date: 24 Aug 2023
Criminal Trial No. 13 of 2022
[Criminal Law – Rape – Two Charges Under section 376(2)(b) – a girl age 11 years old – pleaded guilty – Sentence – Consecutive sentences – 30 years 4 months and 20 strokes of whipping]
Public Prosecutor v Amirrul Haffizul Firdaus Bin Amir Umizan [Also known as Muhammad Firdaus Bin Amir Umizan]
HCCT/13/2022
Decision date: 12 Aug 2023
Criminal Trial No. 2 of 2020
[Criminal Law – Section 471 read with section 468 of the Penal Code, Chapter 22- dishonestly use as genuine certain documents- knew or had reason believed to be forged documents- section 420 of the Penal Code, Chapter 22-cheating-deception-dishonestly- Public Works Department – Store Unit-printer toner cartridges]
Decision date: 7 Aug 2023
Criminal Appeal No. 1 of 2023
[Criminal Law – possession of cigarettes and alcoholic drink-sentenced-appeal against fine and to pay fine by instalments dismissed-grace period extended]
Decision date: 29 Jul 2023
Criminal Motion No. 12 of 2023
[Criminal law – Consuming methylamphetamine – Subsequent offender – Sentence]
Mohamad Sulkanain Bin Suleiman v Public Prosecutor
CM/12/2023
Decision date: 25 Jul 2023
Criminal Appeal No. 4 of 2023
[Criminal law – Cheating – Money laundering – Sentence]
Decision date: 8 Jul 2023
Criminal Motion No. 22 of 2023
Criminal Motion No. 27 of 2022
[Criminal law – Housebreaking – Sentence ]
Decision date: 10 June 2023
Criminal Appeal No. 15 of 2020
[Criminal law – Armed gang robbery – Sentence ]
Decision date: 10 June 2023
Criminal Motion No. 27 of 2020
[Criminal law – Rape contrary to section 376(3)(c) of the Penal Code – Conviction after trial – Prior rape convictions – Sentence ]
Decision date: 10 June 2023
Criminal Appeal No. 5 of 2023
[Criminal law – Consuming methylamphetamine – Second offender – Sentence]
Decision date: 22 May 2023
Criminal Motion No. 8 of 2023
[Criminal law – Outraging modesty – Sentence]
Asaduzzaman Chowdhury v Public Prosecutor
CM/8/2023
Decision date: 15 May 2023
Admiralty in Rem No 1, 3, 4 of 2018
[Tort of negligence – barges drifting away from mooring point resulting in allision against piles at pier – barges being moored at a mangrove riverbank affected by wind squalls – whether the doctrine of res ipsa loquitur applies – the role of an expert witness and the limits to using expert evidence – whether the mooring arrangement at the mooring point was adequate – whether the barges had a proper mooring configuration in place – whether the extraction operation carried out to retrieve the barges amounted to a novus actus interveniens which severed the chain of causation – whether it is necessary to apportion liability – what is the quantum of damages recoverable]
Daelim Industrial Co Ltd v The owners and/or demise charterers of the ship or vessel “Linau 129” & 2 Others
Admirally Rem/ No 1, 3, 4/2018
Decision date: 13 May 2023
Criminal Appeal No. 2 of 2023
[Criminal law – Possession of unexcised cigarettes – Sentence]
Decision date: 18 Apr 2023
Criminal Trial No. 39 of 2022
[Criminal Law – Sentencing – Criminal intimidation with intent to cause alarm – threat of use of a knife and threat to kill – section 506 of the Penal Code, Cap 22 – 2 charges of assault against 2 different complainants – section 323 of the Penal Code – mischief by causing wrongful damage to property – section 426 of the Penal Code, Cap 22 – plea of guilty – first offender. ]
Date of Sentence: 12 Apr 2023
Civil Suit No. 19 of 2020
[Civil Law – Appeal – Discontinuance under Order 21 rule 2(6) of the Supreme Court Rules – Dismissal of Plaintiff’s application for reinstatement – Order 21 rule 2(10) of the Supreme Court Rules – exceptional circumstances for reinstatement – effect of Covid-19]
Decision date: 10 Apr 2023
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