JUDGMENTS
Criminal Appeal No. 8 of 2020
[Criminal law – Robbery – Child victim – Appellant above 50 years old – Sentence of whipping not to be executed.]
Decision date: 26 May 2021
Criminal Motion No. 18 of 2021
[Criminal law – Smuggling alcoholic drinks – Sentence]
Mohammad Shahrizan Bin Abdul Latif v Public Prosecutor
CM/18/2021
Decision date: 24 May 2021
Criminal Appeal No. 46 of 2020
[Criminal Law — section 420 Penal Code — Plead Guilty — imprisonment — Appeal — ill health not a mitigating factor except in the most exceptional cases — no judicial mercy — appeal dismissed]
Decision date: 24 Apr 2021
Criminal Motion No. 6 of 2021
[Criminal Law – Excise Order 2006 – offence under section 146(1)(d) – appeal against sentence – and for monthly instalments dismissed and grace period extended to 19th May 2021 instead of 1st February 2021]
Junaidi bin Haji Besar v Public Prosecutor
CM/6/2021
Decision date: 19 Apr 2021
Criminal Motion No. 5 of 2021
[Criminal Law – Notice of Appeal for extension of grace period nearly 7 months out of time as a consequence of lack of funds -section 146(1)(d) Excise Order 2006 – two charges – possession of unexcised cigarettes – intoxicating liquor – time to pay fine – act of clemency – leave to appeal allowed – appeal allowed]
Uzaini bin Morni v Public Prosecutor
CM/5/2021
Decision date: 17 Apr 2021
Criminal Motion No. 15 of 2021
[Criminal law – Sentence – Offender suffering from serious medical condition – Discretion of judicial mercy – Principles]
Awang Rosli Bin Simon v Public Prosecutor
CM/15/2021
Decision date: 31 Mar 2021
Criminal Motion No. 9 of 2021
[Criminal law – Criminal breach of trust – Sentence – s.406 Penal Code]
Noorhayati Binti Hj Ahmad v Public Prosecutor
CM/9/2021
Decision date: 25 Mar 2021
Criminal Trial No. 3 of 2021
[Criminal law – Child abuse leading to death – Culpable homicide not amounting to murder – Causing grievous hurt – Failure to report death – Permitting child to be physically abused – s.304(2) Penal Code – s.325 Penal Code – s.176 Penal Code – s.28(1)(a) Children and Young Persons Act – Sentence]
Public Prosecutor v Kassim Bin Omar [D1] & Siti Norzalia Binti Haji Abdullah [D2]
HCCT/3/2021
Decision date: 18 Mar 2021
Criminal Trial No. 13 of 2020
[Criminal law – Gang robbery – Knowingly receiving property stolen in a gang robbery – Housebreaking – Sentence – ss. 395, 398, 412 and 454 of the Penal Code]
Public Prosecutor v Rosizan Bin Jumat (D1), Mohammad Noh Bin Mohd Edham (D2), Mohammad Amirul Alif Bin Ali (D3), & Norziana Binti Nordin (D4)
HCCT/13/2020
Decision date: 4 Mar 2021
Criminal Appeal No. 26 of 2019
[Criminal law — section 144(1) Excise Order 2006 — Appeal — sentence not manifestly excessive — appeal dismissed]
Decision date: 2 Mar 2021
Criminal Appeal No. 37 of 2020
[Criminal law – Using criminal force intending to outrage modesty – Appeal against conviction and sentence – Appellate court will not disturb findings of fact unless they are plainly wrong or clearly reached against the weight of the evidence – Admissibility of CCTV footage – Sentence not excessive – s.354 of the Penal Code.]
Decision date: 27 Feb 2021
Civil Suit No. 47 of 2018
Claim for unjust enrichment for costs and expenses of construction work – counterclaim for overpayment and additional costs attributable to unsatisfactory work – lack of clarity and precision in pleadings – whether the pleaded claims have been established on the evidence.
ICE PETROLEUM ENGINEERING SDN BHD AND SAHID SDN BHD
HCCS/47/2018
Decision date: 26 Feb 2021
Criminal Motion No. 7 of 2020
[Criminal law – Causing hurt to teacher – Assault – Sentence – ss.323 and 352 of the Penal Code]
13047 Warrant Officer 2 Mohammad Yusirwan Bin Yussof (1st Apeallant)& Mohammad Yadiy Yusranshah Bin Yussof (2nd Appellant)v Public Prosecutor
CM/7/2020
Decision date: 25 Feb 2021
Criminal Appeal No. 1 of 2021
[Criminal law and procedure – Whether date of commencement of second term of imprisonment to begin immediately or at the expiration of the first term of imprisonment – s.261(1) of Criminal Procedure Code]
Decision date: 24 Feb 2021
Criminal Trial No. 10 of 2015
[Criminal law and procedure – Causing hurt with a knife – Defendant afflicted with mental illness at the time of the commission of the offence – Special finding – ss.321(1) & (2) of the Criminal Procedure Code]
Public Prosecutor v Ahmad Nazilah Bin Yusof
HCCT/10/2015
Decision date: 17 Feb 2021
Criminal Appeal No. 11 of 2020
[Criminal law – Appeal against sentence by Prosecution – house-trespass with attention to annoy – u/s 448 Penal Code – Imprisonment of 1 month – appeal allowed – imprisonment sentence enhanced to 3 months]
Decision date: 15 Feb 2021
Criminal Appeal No. 17 of 2019
[Criminal law – Appeal against conviction – section 158 Criminal Procedure Code invoked – failure to abide – section 291 Criminal Procedure Code – Appeal allowed – section 285 Criminal Procedure Code – conviction quash – retrial]
Decision date: 9 Feb 2021
Criminal Trial No. 1 of 2020
[Criminal law – offences under section 279 and 427 Penal Code – pleaded guilty – seriousness of offence – exposed a child to danger – imprisonment rather than probation – consecutive]
Public Prosecutor v Muhammad Firdaus bin Mohamad Salleh
HCCT/1/2020
Decision date: 8 Feb 2021
Criminal Trial No. 9 of 2021
[Criminal law – 3 charges for rape u/s 376(1) & 376(2) of Penal Code – 1 charge u/s 377C of Penal Code – Plead guilty on first day of trial – victim of tender age – consecutive sentence – Total of 30 years imprisonment and 24 strokes of whipping]
Public Prosecutor v APO L/CPL 6009 Noorependy Bin Haji Sabli
HCCT/9/2021
Decision date: 8 Feb 2021
Criminal Motion No. 46 of 2020
[Criminal law – Corruption – Offender a customs officer – Multiple offences – Sentence of 3 years’ imprisonment not excessive – s.6(a) of the Prevention of Corruption Act]
Haji Mohammad Haikal Bin Haji Suhaili v Public Prosecutor
CM/46/2020
Decision date: 26 Jan 2021
Criminal Appeal No. 42 of 2020
[Criminal law – Trespass on Royal Property – Theft and mischief – Whether sentence should commence immediately or at the expiration of existing sentence – s.261(1) of the Criminal Procedure Code]
Sharin Bin Mohammad v Public Prosecutor
CM/42/2020
Decision date: 25 Jan 2021
Criminal Appeal No. 41 of 2020
[Criminal law – Corruption – Multiple offences – Concurrent or consecutive sentences – Totality principle – Family circumstances – Delay in prosecution – s.6(b) of the Prevention of Corruption Act]
Reginalo Choong Cheng Jian v Public Prosecutor
CM/41/2020
Decision date: 21 Jan 2021
Criminal Motion No. 43 of 2020
[Criminal law – Consuming methylamphetamine – Second offender – Probation and community service order inappropriate – Sentence – ss.6(b) and 29(3A) of the Misuse of Drugs Act]
Juary Bin Johari v Public Prosecutor
CM/43/2020
Decision date: 18 Jan 2021
Criminal Trial No. 7 of 2020
[Criminal Law – Outrage Modesty -section 354 of the Penal Code – plea guilty (alternative charge) – adopted child – severe sentence justified to deter]
Public Prosecutor v B Bin A
HCCT/7/2020
Decision date: 11 Jan 2021
Criminal Appeal No. 44 of 2020
[Criminal Law – Refusal of Bail by Magistrate – Appeal – no local ties – real risk of absconding – appeal dismissed]
Decision date: 7 Jan 2021
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