JUDGMENTS
Criminal Appeal No. 30 of 2022
[Criminal law – Possession of unexcised cigarettes and alcoholic drinks – Sentence]
Decision date: 29 Mar 2023
Criminal Appeal No. 18 of 2022
[Criminal law – Public servant obtaining a valuable thing without consideration from a person concerned in business transacted in connection with official functions – Sentence]
Decision date: 21 Mar 2023
Criminal Trial No. 4 of 2021
[Criminal Law – Section 376(1) – Rape by having sexual intercourse]
Public Prosecutor v JSK bin S
HCCT/4/2021
Decision date: 18 Mar 2023
Criminal Appeal No. 25 of 2022
[Criminal law – Compensation order – Principles applicable]
Decision date: 13 Mar 2023
Criminal Appeal No. 25 of 2022
[Criminal law – Compensation order – Principles applicable]
Decision date: 13 Mar 2023
Criminal Appeal No. 19 of 2022
[Criminal law – Corruption – Sentence]
Decision date: 8 Mar 2023
Criminal Motion No. 29 of 2022
[Criminal law – Theft by employee – Sentence]
Muhammad Adiy Osmera Bin Abdullah @ E.D. Osmera Bin Tikus v Public Prosecutor
CM/29/2022
Decision date: 6 Mar 2023
Criminal Appeal No. 29 of 2022
[Criminal law – Section 3A of Misuse of Drugs Act, Cap 27 read with Section 34 of the Penal Code – Bail – allowed – appeal by prosecution – dismissed]
Decision date: 14 Feb 2023
Criminal Motion No. 5 of 2023
[Criminal law – Possession of unexcisable goods (alcoholic drinks) – Sentence]
Ak Abdullah Bin Pg Jafar v Public Prosecutor
CM/5/2023
Decision date: 14 Feb 2023
Criminal Appeal No. 28 of 2022
[Criminal law – Theft of mobile phones – Multiple offences – Sentence]
Decision date: 30 Jan 2023
Criminal Trial No. 48 of 2022
[Criminal Law – Sentencing – D2 only – house breaking at night with intention to commit theft – 1 joint charge with D1 under s.457 of the Penal Code, Cap 22 – plea of guilty – second offender on record – lapse of 19 years between record of conviction for same offense.]
Decision date: 31 Jan 2023
Criminal Motion No. 24 of 2022
[Criminal law – Unlawful carnal knowledge committed by a 34 year old man – Victim aged 15 the offender’s second cousin – Sentence]
Mohamad Hajatul Nazri v Public Prosecutor
CM/24/2022
Decision date: 13 Dec 2022
Criminal Motion No. 23 of 2022
[Criminal law – Cheating offences committed by a police officer – Sentence]
Sahlan Bin Haji Mat Sahat v Public Prosecutor
CM/23/2022
Decision date: 12 Dec 2022
Criminal Trial No. 62 of 2022
[Sentence – 3 charges – outraging modesty by a person in a position of authority – Section 354B of the Penal Code – plea of guilty – clear record]
Decision date: 10 Dec 2022
Civil Appeal No. 4 of 2021
[Road Traffic accident and personal injuries]
Decision date: 1 Dec 2022
Civil Appeal No. 1 of 2021
[Duty of parties to plead cases fully, identify claims, not evidence, using other procedures such as Notices to Admit, to Produce and where appropriate Interrogatories. Purpose and role of Scott Schedule; Judicial role is not to supplement practitioners’ inadequate preparation]
Decision date: 29 Nov 2022
Criminal Appeal No. 5 of 2022
Criminal Motion No. 24 of 2021
[Sentence: s.457 Housebreaking by night; reduced discount of 1/6th for late plea approved: 4 years and 2 months and 2 strokes approved: Application dismissed]
Decision date: 26 Nov 2022
Criminal Motion No. 19 of 2022
Criminal Motion No. 14 of 2022
Criminal Motion No. 8 of 2022
[Sentence – s.326 causing serious hurt likely to cause death – 4 years imprisonment after trial – Strokes reduced from 4 to 3]
Decision date: 24 Nov 2022
Criminal Appeal No. 4 of 2021
[Causing damage by fire (s.435(1)(c)): need for social and psychiatric assessment; antecedent history to be filed at court; plea of guilty; starting point too high; discount to be one-third; sentence reduced to 6 years 8 months and 6 strokes: no power to reduce strokes to bring it in line with reduced period of imprisonment]
Decision date: 24 Nov 2022
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
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