JUDGMENTS

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 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. 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 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

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