JUDGMENTS
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]
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
[-]
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
Civil Suit No. 7 of 2016
[Damages – (Assessment) general damages- future costs of employing maid- future costs of medical treatment-special damages-no award for inflation as it is not proven]
Decision date: 20 Oct 2022
Criminal Appeal No. 21 of 2022
[Criminal law – Outraging modesty – Sentence ]
Decision date: 15 Oct 2022
Originating Summons No. 34 of 2020
[Appeal to Judge in Chambers – both parties – against the decision of the Deputy Chief Registrar – to disallow Plaintiff application to disclose the identity of the person who had drawn or prepare on the Defendant’s behalf in relation to HCCS No. 36 of 2017 – Defendant – appeal decision to disallow counterclaim – whether in nature of judicial review – whether prohibited by Article 84C of the Constitution]
Date of Decision: 3 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
Petition No. 50 of 2017
[Civil Procedure – Ancillary matters ]
Decision date: 20 Sep 2022
Civil Suit No. 10 of 2018
[Civil Procedure – Tenancy Agreement – 1st and 2nd Defendant as an agent of principal which did not exist – no distinction or separation between D1 and D2 and the company – lifting the coporate veil – claim dismissed.]
Decision date: 19 Sep 2022
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