JUDGMENTS
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
Criminal Appeal No. 22 of 2021
[Road traffic offences – incapable of having proper control –Delay – Conditional discharge – Disqualification of Driving Licence]
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.]
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]
Decision date: 15 Mar 2022
Criminal Appeal No. 23 of 2021
[Criminal law – Contravening direction of Minister of Health prohibiting mass gatherings – Sentence]
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]
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]
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]
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 Motion No. 27 of 2021
[Criminal law — Section 146(1)(d) of the Excise Order 2006 – Extension of time to pay fines.]
Decision date: 11 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]
Decision date: 9 Dec 2021
Criminal Motion No. 10 of 2021
[-]
Minnurul Azri Bin Hj Mohaini v Public Prosecutor
CM/10/2021
Decision date: 2 Dec 2021
Criminal Motion No. 39 of 2020
[Criminal law – Theft of cables from electrical substation – Mischief – Sentence – s.s.379, 462 and 427 of the Penal Code]
Mohammad Shahrul Bin Abdullah Teo@Teo Meng Chai v Public Prosecutor
CM/39/2020
Decision date: 16 Nov 2020
Criminal Appeal No. 7 of 2021
[Criminal law – Possession for trafficking of methylamphetamine – Sentence]
Decision date: 11 Nov 2021
Criminal Trial No. 32 of 2018
[Sentence – After trial – Criminal breach of trust by clerk or servant – misappropriation of company funds amounting to B$454,030 – section 408 of the Penal Code (PC), Cap 22 – use of company cheques and bank transfers – clear record – aggravating factors – discount for delay]
Decision date: 27 Sep 2021
Criminal Motion No. 33 of 2021
[-]
Shamsuddin Bin Mohammad v Public Prosecutor
CM/33/2021
Decision date: 20 Sep 2021
Criminal Trial No. 32 of 2018
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