JUDGMENTS
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]
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]
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 Appeal No. 35 of 2020
[Criminal Law — under section 34 of Public Order Act, Cap 148 — sending to a WhatsApp group a WhatsApp message which you knew was likely to cause public alarm — pleaded guilty — fine of $3,000 in default 3 months — appeal against sentence — defendant works in Enforcement Agency — used the style of government platform — jeopardise credibility and integrity of government platform and to Enforcement Agency — sentence not excessive — Appeal dismissed.]
Decision date: 19 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
Criminal Trial No. 10 of 2020
[Criminal Law — section 435(1)(c) Penal Code — plead guilty — previous convictions — serious offence — protect society — imprisonment. ]
Date of Sentence: 31 Dec 2020
Criminal Motion No. 48 of 2020
[Criminal Law – possession of cigarettes – pleaded guilty – sentenced – fine – appeal for extension of time to pay fine – leave for appeal out of time – granted – no objection for extension of time to pay fine – appeal allowed]
Date of Judgment: 29 Dec 2020
Criminal Appeal No. 32 of 2020
[Criminal Law — possession of Class A controlled drug — section 6(a) Misuse of Drugs Act — Appeal against sentence — 2nd offender — Fine imposed — Appeal allowed — section 263 of the Criminal Procedure Code invoked]
Decision date: 23 Dec 2020
Criminal Appeal No. 40 of 2020
[Criminal law – Cheating and forgery offences – Sentence – ss.420 and 465 of the Penal Code]
Decision date: 19 Dec 2020
Criminal Appeal No. 38 of 2020
[Criminal law – Theft of car – Receiving stolen property – Theft from house – Sentence – ss.379, 380 and 411 of Penal Code]
Decision date: 7 Dec 2020
Criminal Appeal No. 33 of 2020
[Criminal law – appeal against sentence by prosecution – section 6(b) and section 7 of Misuse of Drugs Act – pleaded guilty to both charges – 2nd offence for 6(b) – fined – appeal allowed – Fine replaced with imprisonment of 3 years]
Decision date: 30 Nov 2020
Criminal Appeal No. 18 of 2020
[Criminal law — section 29(1) Road Traffic Ac, Chapter 68 — careless driving resulting in death of the driver of the other car — fine of $1,000 — Prosecution Appeal — against sentence — appeal allowed — sentence enhanced.]
Decision date: 30 Nov 2020
Criminal Appeal No. 39 of 2020
[Criminal law – Driving a car without insurance coverage – Inconvenience not a “special reason” for not ordering disqualification – Ss 3(1) and 3(2) of the Motor Vehicles (Third Party Risks) Act.]
Decision date: 25 Nov 2020
Criminal Motion No. 41 of 2020
[Criminal law – Drug consumption – Subsequent offender – Sentence – ss.6(b) and 29(3A) of the Misuse of Drugs Act]
Jaya Bin Hj Abd Ghani v Public Prosecutor
CM/41/2020
Decision date: 23 Nov 2020
Criminal Appeal No. 36 of 2020
[Criminal law– Driving a car without insurance coverage– Inconvenience not a “special reason” for not ordering disqualification– ss.3(1) and 3(2) of the Motor Vehicles (Third Party Risks) Act.]
Decision date: 17 Nov 2020
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