JUDGMENTS
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
Criminal Appeal No. 15 of 2020
[Criminal Law – 14 charges against offences under section 420, 465 and 471 of Penal Code – pleaded not guilty – convicted and sentenced to a total of 60 months imprisonment – Compensation order under section 382(b) Criminal Procedure Code – in default 18 months to be served on top of 60 months imprisonment – appeal against sentence – allowed – reduced to 54 months – other orders to remain.]
Decision date: 2 Aug 2021
Criminal Appeal No. 16 of 2021
[Criminal law – Consumption of methylamphetamine – Second offender – Minimum sentence]
Decision date: 26 Jul 2021
Criminal Appeal No. 2 of 2021
[Criminal Law — section 29(1) Road Traffic Act, Cap 68 — plead not guilty — convicted — fine — appeal against conviction —dismissed ]
Decision date: 19 Jul 2021
Criminal Appeal No. 3 of 2021
[Criminal Law — whether drug rehabilitation order properly made — section 29(4) of the Misuse of Drugs Act]
Decision date: 14 Jul 2021
Criminal Trial No. 19 of 2021
[Criminal law – Sentence- theft of property- house-trespass with the intention to commit theftsection 451of the Penal Code-pretend to hold office of a public servant-section 170 of the Penal Code-theft of property-section 379 of the Penal Code- guilty pleas- Deterrent sentence. ]
Decision date: 8 July 2021
Civil Appeal No. 3 of 2020
[Construction contract – arbitration clause – appeal allowed on the basis that there is
no “dispute” as defined by the arbitration clause – stay for arbitration refused]
Decision date: 7 July 2021
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