JUDGMENTS
Criminal Appeal No. 15 of 2022
[Criminal law – Theft of vehicle – Mischief – Displaying false license plate on vehicle – Sentence – ss.379 and 426 of the Penal Code – s.89(c) of the Road Traffic Act]
HAIRUL HALIMAN BIN HAJI MOHD YUSOF v PUBLIC PROSECUTOR
HACM/15/2022
Decision date: 8 Sep 2022
Criminal Appeal No. 14 of 2022
[Criminal law – Dishonest misappropriation and cheating offences – Sentence – ss.403 and 420 of the Penal Code]
MOHAMAD SAMBARI BIN HJ ABU BAKAR v PUBLIC PROSECUTOR
HACM/14/2022
Decision date: 3 Sep 2022
Criminal Appeal No. 17 of 2022
[Criminal law – Possession for trafficking of methylamphetamine – Consumption of
methylamphetamine – Second or subsequent offender – Minimum sentence – Ill-health
not a mitigating factor except in the most exceptional cases – ss.3A, 6(b) and 7 of the
Misuse of Drugs Act]
SHAHRUL NIZAM BIN HJ MOHIDDIN v PUBLIC PROSECUTOR
HACM/17/2022
Decision date: 24 Aug 2022
Criminal Appeal No. 4 of 2022
[Criminal law – Dangerous driving – Sentence]
PUBLIC PROSECUTOR v MOHAMMAD KHAIRUL ADZMIE BIN SAHARI
HACM/4/2022
Decision date: 20 Aug 2022
Criminal Appeal No. 6 of 2022
[Criminal law – Consumption of methylamphetamine – Prior convictions for drug consumption – Sentence]
MOHAMMAD ZAIDEN BIN KARIM v PUBLIC PROSECUTOR
HACM/6/2022
Decision date: 25 Jul 2022
Criminal Motion No. 27 of 2022 & Criminal Motion No. 5 of 2021
[Criminal law – Appeal by Prosecution against acquittal – leave to extend the time to file an appeal against the Voir Dire ruling by D1, D2, D3 and D6 – both appeal and motion dismissed]
Public Prosecutor v On Swee Beng (D1), Muhammad Syahidin bin Badaruddin (D2), Muhammad Ali Zainal bin Syaidden (D3), Untung binti Andong (D4)
CM/27/2022 & CM/5/2021
Decision date: 14 Jul 2022
Criminal Motion No. 13 of 2022
[Criminal law and procedure – Application to invoke the power of the Chief Justice to authorize the Magistrate to proceed with the trial of the defendant in absentia – s.372 of the Criminal Procedure Code]
Public Prosecutor v Haji Azman Bin Sulaiman
CM/13/2022
Decision date: 13 Jun 2022
Criminal Motion No. 9 of 2022
[Criminal law – Revocation of bail – Risk of applicant committing further offences]
Shambri Bin Hj Tunjul v Public Prosecutor
CM/9/2022
Decision date: 24 May 2022
Criminal Motion No. 7 of 2022
[Criminal Law – appeal out of time– Section 278 Penal Code– possession of unexercisable goods- section 146(1)(d) Excise Order 2006]
Pengiran Saiful Rizal Bin Pengiran Azahari v Public Prosecutor
CM/7/2022
Decision date: 16 May 2022
Criminal Motion No. 5 of 2022
[Criminal law – Multiple offences of theft – Sentence – s.379 of the Penal Code]
Hasrin Bin Kalong v Public Prosecutor
CM/5/2022
Decision date: 10 May 2022
Criminal Motion No. 6 of 2022
[Criminal law – Theft of building materials – Sentence – s.379 of the Penal Code]
Norman Bin Awang Nazri v Public Prosecutor
CM/6/2022
Decision date: 23 April 2022
Criminal Appeal No. 2 of 2022
[Criminal law – Causing hurt – Sentence – s.323 of the Penal Code]
RAWANA BIN HAJI OTHMAN v PUBLIC PROSECUTOR
HACM/2/2022
Decision date: 18 Apr 2022
Criminal Appeal No. 11 of 2021 & No. 15 of 2021
[Criminal Law – Section 354 of Penal Code – Pleaded not guilty – Convicted and sentenced to 18 months and 1 stroke of whipping – appeal against conviction – court would not disturb the finding of facts unless plainly wrong in law or clearly reached against the weight of evidence – appeal against conviction dismissed – appeal against sentence by prosecution – sentence imposed by Magistrate above than sentence in cases that were cited in the prosecution submission – dismissed – sentence lenient but not manifestly lenient – not to be taken court have approved sentence of 18 months and 1 stroke of whipping for section 354 of Penal Code]
DSP RAMZI HAYATINA BIN DATO HAJI IBRAHIM v PUBLIC PROSECUTOR
HACM/11/2021 & HACM/15/2021
Decision date: 21 Mar 2022
Criminal Appeal No. 22 of 2021
[Road traffic offences – incapable of having proper control –Delay – Conditional discharge-
Disqualification of Driving Licence]
PUBLIC PROSECUTOR v CPL 3182 EPINDI ANAK ANTO
HACM/22/2021
Decision date: 19 Mar 2022
Criminal Trial No. 3 of 2018
[Culpable homicide not amounting to murder – Sentence – s.304(2) Penal Code]
Public Prosecutor v Moryadi Bin Haji Raya [D1]
HCCT/3/2018
Decision date: 19 Mar 2022
Criminal Appeal No. 24 of 2021
[Criminal law – Theft of a car – Theft from a building – ss.379 and 380 of the Penal Code.]
NURUL FURQAN BIN AWANG MORSHIDI v PUBLIC PROSECUTOR
HACM/24/2021
Decision date: 17 Mar 2022
Criminal Motion No. 29 of 2020
[Criminal law – Section 165 and section 34 of the Penal Code – sufficiency of
evidence of source of money – meaning of common intention]
ZAMRI BIN HJ JALUDIN & PG HJ BAHARUDDIN BIN PG HJ MD TAHIR v PUBLIC PROSECUTOR
HACM/29/2020
Decision date: 15 Mar 2022
Criminal Appeal No. 23 of 2021
[Criminal law – Contravening direction of Minister of Health prohibiting mass gatherings –
Sentence]
RASHIDAH MATHEW RAGIE v PUBLIC PROSECUTOR
HACM/23/2021
Decision date: 10 Mar 2022
Criminal Motion No. 22 of 2021
[Criminal law — section 3(1) Motor Vehicle Insurance (Third Party Risk Act), Cap 90 — section 8(2) of the Road Traffic Act, Cap 68 — leave to appeal out of time allowed — payment of fine by monthly instalments — extension of time to pay fine]
Haswandy bin Osmadi v Public Prosecutor
CM/22/2021
Decision date: 29 Jan 2022
Criminal Appeal No. 31 of 2020
[Criminal law – Magistrates – Criminal Procedure Code Section 271; Section 284 – Appeal
against acquittals – Criminal intimidation – Carrying offensive weapons in public places –
Unrepresented accused; Section 220, Criminal Procedure Code, Cap 7; Section 221(5) – Failure to address adverse inference – Failure to take proper advantage of seeing and hearing the witness and to appreciate the weight of the evidence adduced – acquittals not sustainable and unsafe; Section 284(b) Criminal Procedure Code – Acquittals quashed and retrial ordered]
PUBLIC PROSECUTOR v ABDUL AKHBAR BIN HAJI DUNGLAH
HACM/31/2020
Decision date: 27 Jan 2022
Criminal Appeal No. 18 of 2021
[Criminal Law – consuming methylamphetomine – second offender – Probation and Community Service Order inappropriate – Appeal against Sentence – section 6(b) of the Misuse of Drugs Act, Cap 27 – Regulation 12(3)(a) of the Misuse of Drugs Regulations 1987]
PG MOHD IRWAN BIN PG HJ ZAINAL v PUBLIC PROSECUTOR
HACM/18/2021
Decision date: 19 Jan 2022
Criminal Motion No. 28 of 2021
[Criminal law – Theft of communication cable – Sentence]
Mohammad Jaidatul Fadillah Fadil Bin Haris Fadilah v Public Prosecutor
CM/28/2021
Decision date: 17 Jan 2022
Criminal Trial No. 8 of 2021
[Criminal law – one charge of rape under section 376(2)(b) Penal Code – tender age of 12 years – mild mental retardation – plead guilty – starting point of 30 years – sentence 25 years and 20 strokes of whipping]
Public Prosecutor v Md Shab Ali
HCCT/8/2021
Decision date: 28 Dec 2021
Criminal Motion No. 21 of 2021
[Criminal law – Bail Application]
Sheikh Mahmud Safwan bin Sheikh Walid v Public Prosecutor
CM/21/2021
Decision date: 15 Dec 2021
Criminal Appeal No. 19 of 2021
[Criminal law and procedure – No record of defendant admitting to the Statement of Facts – Conviction quashed – Retrial ordered]
MUHAMMAD ADLI FIRDAUS BIN RASYANORFADHILAH v PUBLIC PROSECUTOR
HACM/19/2021
Decision date: 9 Dec 2021
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