JUDGMENTS
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
Criminal Motion No. 21 of 2022
[Criminal law – Flight risk – Bail denied]
Abdul Quim Bin Asul v Public Prosecutor
CM/21/2022
Decision date: 10 Sep 2022
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]
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]
Decision date: 3 Sep 2022
Criminal Trial No. 24 of 2020
[Criminal law – Sentence – house breaking by night with intent to commit theft – section 457 of the Penal Code – theft of car – section 379 of the Penal Code -section 426 of the Penal Code – Section 8 (c) Road Traffic Act]
Decision date: 19 Jul 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]
Decision date: 24 Aug 2022
Criminal Motion No. 16 of 2022
[Criminal law — Section 146(i)(d) Excise Order, 2006 — possession of contraband cigarettes and contraband liquors — application for leave to appeal — no satisfactory explanation for delay — grounds of appeal no likelihood of success — sentence — not excessive application dismiss.]
Decision date: 24 Aug 2022
Criminal Appeal No. 4 of 2022
[Criminal law – Dangerous driving – Sentence]
Decision date: 20 Aug 2022
Criminal Appeal No. 6 of 2022
[Criminal law – Consumption of methylamphetamine – Prior convictions for drug consumption – Sentence]
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]
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 Revision No. 2 of 2022
[Criminal law – Failure to furnish income tax return by company – Provisions as to sentences of fine – Discretion of court to order that in default of payment of the fine a warrant for the levy of the amount by distress and sale of any property of the offender be issued – s.78(1)(b) of the Income Tax Act – s.253(1) of the Criminal Procedure Code]
Decision date: 16 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 Trial No. 38 of 2021
[Criminal Law – Sentencing – D1 only – 1 charge under section 379 of the Penal Code, Cap 22 – theft of CCTV cameras – 2 charges under section 454 of the Penal Code, Cap 22 – housebreaking with intention to commit theft – previous convictions for offences against properties – deterrent sentence]
Decision date: 25 Apr 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]
Decision date: 18 Apr 2022
Criminal Revision No. 1 of 2022
[Criminal law and procedure – Road traffic charges compunded – Convictions and fines quashed – Revision – s.298 of the Criminal Procedure Code]
Decision date: 22 Mar 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]
Decision date: 21 Mar 2022
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