JUDGMENTS
Criminal Trial No. 11 of 2018
[Stay of criminal proceedings – general principles to be followed, Amendments to legislation not to apply retrospectively]
Public Prosecutor v Ramzidah binti Pehin Datu Kesuma Diraja Kol (R) Hj Abdul Rahman (1st Defendant)& Hj Nabil Daraina bin Pehin Udana Khatib Dato Paduka Seri Setia Ustaz Hj Awang Badaruddin (2nd Defendant)
HCCT/11/2018
Decision date: 20 Jan 2020
Criminal Trial No. 11 of 2018
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Public Prosecutor v Ramzidah binti Pehin Datu Kesuma DirajaKol (R) Hj Abdul Rahman (1st Defendant)& Hj Nabil Daraina bin Pehin Udana Khatib Dato Paduka Seri Setia Ustaz Hj Awang Badaruddin (2nd Defendant)
HCCT/11/2018
Decision date: 18 Jan 2020
Criminal Trial No. 11 of 2018
[Criminal Breach of Trust: section 405 of the Penal Code, Cap 22. Money laundering: section 3(1) of the Criminal Asset Recovery Order 2012, Common Intention: section 34 of the Penal Code, Cap.22.]
Public Prosecutor v Ramzidah binti Pehin Datu Kesuma DirajaKol (R) Hj Abdul Rahman (1st Defendant) & Hj Nabil Daraina bin Pehin Udana Khatib Dato Paduka Seri Setia Ustaz Hj Awang Badaruddin (2nd Defendant)
HCCT/11/2018
Decision date: 15 Jan 2020
Civil Suit No: 83 of 2014
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ALPHA ONE ENGINEERING SERVICES SDN BHD v SYARIKAT HAJI IDRIS KALONG SDN BHD
HCCS/83/2014
Decision date: 31 Dec 2019
Criminal Trial No. 843 of 2017
[convicted in absentia – Malay Islamic Monarchy – MIB concept – national philosophy – s.4(1)(c) of the Sedition Act]
Decision date: 12 Dec 2019
Criminal Trial No. 843 of 2017
[publishing seditious publication – section 4(1)(c) of the Sedition Act, Chapter 24]
Decision date: 12 Dec 2019
Civil Appeal No. 4 of 2019
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Decision date: 27 Nov 2019
Criminal Motion No. 39 of 2019
[Sentence: Additional discount appropriate where defendant assists the prosecution in bringing other offenders to justice whether before or after his own sentence. The appropriate range of discounts considered. In the present appeal a further 6 months reduction in sentence granted]
Decision date: 27 Nov 2019
Civil Appeal No. 5 of 2019
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Decision date: 27 Nov 2019
Criminal Appeal No. 8 of 2019
[Appeal allowed; the court quashed the judge’s orders that, on his pleas of guilty, the appellant receive three strokes for each of three offences contrary to s. 457 of the Penal Code, to a total of six strokes, and that the sentences of imprisonment commence on the date of sentencing and imposed two strokes for each offence, ordering that they be non-cumulative, and that the sentences of imprisonment commence on the date when the appellant was first remanded in custody, notwithstanding that after a month he had been detained under a Detention Order pursuant to the Criminal Law (Preventive Detention) Act, Cap. 150.]
Decision date: 26 Nov 2019
Civil Appeal No. 6 of 2019
Criminal Motion No. 30 of 2019
Criminal Appeal No. 13 of 2019
[Breach of trust; imprisonment generally inevitable; very exceptional circumstances vary with each case; relevance of restitution; sentence of 8 months imprisonment upheld. ]
Decision date: 21 Nov 2019
Criminal Appeal No. 16 of 2019
[An appeal against a sentence of 1½ years imprisonment and one stroke, imposed following the appellant’s conviction after trial of an offence of housebreaking of domestic premises at night, contrary to s.457 of the Penal Code, was dismissed. The judge was unduly lenient in imposing a sentence of 1½ years imprisonment, together with one stroke, having regard to the “inordinate delay” of more than 6 years since the commission of the offence]
Decision date: 21 Nov 2019
Criminal Appeal No. 15 of 2019
[ Sentence: Plea of guilty to s.323 assault – vicious attack leaving victim in “vegetative” state – Prosecutor’s appeal allowed against manifestly inadequate sentence of 3 months imprisonment. Sentence of 18 months substituted.]
Decision date: 20 Nov 2019
Criminal Appeal No. 14 of 2019
[ Sentence: Plea of guilty to s.323 assault – vicious attack leaving victim in “vegetative” state – Prosecutor’s appeal allowed against manifestly inadequate sentence of 3 months imprisonment. Sentence of 18 months substituted.]
Decision date: 20 Nov 2019
Criminal Appeal No. 12 of 2019
[An appeal against a total sentence of 6 years’ imprisonment and 4 strokes imposed on the appellant father, on his pleas of guilty, to 4 charges of assaulting one daughter in an overall period of about five years, contrary to s. 354 B, when she was aged between 12 and 17 years, and two charges of assaulting another daughter, when she was aged 9 and 17 years respectively, contrary to S. 354 of the Penal Code, Cap. 22 was dismissed.]
Decision date: 19 Nov 2019
Criminal Appeal No. 6 of 2019
[Culpable homicide/manslaughter (s.304(1) Penal Code); plea accepted as alternative to murder; life sentence imposed; medical condition considered; case within broad band of worst type of culpable homicide warranting maximum sentence.]
Decision date: 18 Nov 2019
Criminal Motion No. 36 of 2019
[Sentence: Multiple charges including extortion, personating police officers, criminal intimidation, possession of offensive weapon, cheating and housebreaking. Sentences of 13 years and 2 months and 11 years and 8 months reduced to 11 years and 10 years respectively. Number of strokes also reduced. Late pleas of guilty should normally earn less than 1/3 discount.]
Decision date: 18 Nov 2019
Criminal Appeal No. 10 of 2019
[Sentence: Multiple charges including extortion, personating police officers, criminal intimidation, possession of offensive weapon, cheating and housebreaking. Sentences of 13 years and 2 months and 11 years and 8 months reduced to 11 years and 10 years respectively. Number of strokes also reduced. Late pleas of guilty should normally earn less than 1/3 discount.]
Decision date: 18 Nov 2019
Criminal Appeal No. 4 of 2019
[Criminal damage/mischief as incidental to substantive offence of housebreaking to have concurrent sentence; prosecution practice of additionally charging such offence; series of housebreaking offences and concurrent sentences; disparity of sentence for more minor offender.]
Decision date: 14 Nov 2019
Criminal Motion No. 31 of 2019
[ Sentence – s.454 housebreaking. Occupants of the house disturbed by the intruders. Guilty plea. First offender. 33 months imprisonment and 2 strokes upheld. ]
Decision date: 14 Nov 2019
Criminal Appeal No. 5 of 2019
[The appeal against a sentence of 4 months’ imprisonment imposed on the appellant in the Intermediate Court for her conviction, on her plea of guilty, to converting a pre signed cheque of her employer, which she made out and caused to be drawn in the sum of $65,000 contrary to s.403 of the Penal Code, was dismissed. ]
Decision date: 14 Nov 2019
Criminal Appeal No. 3 of 2019
[Criminal damage/mischief as incidental to substantive offence of housebreaking to have concurrent sentence; prosecution practice of additionally charging such offence; series of housebreaking offences and concurrent sentences; disparity of sentence for more minor offender.]
Decision date: 14 Nov 2019
Criminal Motion No. 20 of 2019
[ Sentence; 6 counts of rape of daughter aged 11. Abuse continued for 16 months prior to arrest. Appellant had a previous conviction for an identical offence concerning an elder sister of the victim for which a sentence of 14 years imprisonment had been passed in 2004. Appellant entered pleas of guilty on first day of trial after agreeing Statement of Facts which he had not agreed when the matter was first set down for trial 7 months earlier. Not an early plea of guilty therefore a 20% discount considered appropriate. ]
Decision date: 12 Nov 2019
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