JUDGMENTS
Criminal Appeal No. 23 of 2018
[One charge of housebreaking by night for the purpose of theft, contrary to section 457 and three charges of theft in a dwelling, contrary to section 380 of the Penal Code. Breach of trust. Pleas of guilty and a clear criminal record. Totality. Appeal allowed.]
Decision date: 15 Apr 2019
Criminal Motion No. 2 of 2019
[Sentence – Appeal by Public Prosecutor (S.430 Cap 7) against sentence of 19 months imprisonment for forgery and personation of a police officer. Held not manifestly inadequate in the particular circumstances of the case]
Decision date: 10 Apr 2019
Criminal Appeal No. 18 of 2018
[ Sentence – Appeal by Public Prosecutor (S.430 Cap 7) against sentence of 19 months imprisonment for forgery and personation of a police officer. Held not manifestly inadequate in the particular circumstances of the case ]
Decision date: 10 Apr 2019
Criminal Appeal No. 24 and No. 26 of 2018
[Corruption – Presumption gratification accepted corruptly – Proof of direct link between a specific act or favour and a particular gratification unnecessary – Sentence – Medical condition of offender – Exceptional circumstances – Discretion of judicial mercy – Delay in prosecution and trial a mitigating factor.]
Decision date: 14 Mar 2019
Criminal Appeal No. 37 of 2018
[Sentence – Failing to pay domestic helper’s salary.]
Decision date: 13 Mar 2019
Criminal Motion No. 5 of 2019
[Consumption of methylamphetamine – Bad record of previous convictions – Sentence of 5 years’ imprisonment not excessive.]
Decision date: 11 Mar 2019
Criminal Motion No. 59 of 2018
[Payment of fine by monthly installments. ]
Decision date: 7 Mar 2019
Criminal Appeal No. 2 of 2018
[Consuming controlled drug – Second offender – Minimum sentence of imprisonment – Hardship caused to offender’s family not a good reason for not imposing minimum sentence – Long lapse between convictions, by itself, not a ground for not imposing minimum sentence. ]
Decision date: 6 Mar 2019
Criminal Appeal No. 36 of 2018
[Theft of vehicles – Appropriate sentence – Custodial sentence causing hardship to offender’s family not normally considered a mitigating factor.]
Decision date: 27 Feb 2019
Criminal Appeal No. 33 of 2017
[Section 3A of the Misuse of Drugs Act, Cap. 27 possession of a class A controlled drug for the purpose of trafficking – application of presumption under section 16(1)(a) of the Misuse of Drugs Act – discharge of Court’s duty to be satisfied of the voluntariness of out of court statements by a defendant.]
Decision date: 20 Feb 2019
Criminal Motion No. 55 of 2018
Criminal Appeal No. 38 of 2017
[Income Tax Act (Cap. 35), section 78(1), meaning of ‘reasonable excuse’]
Decision date: 18 Feb 2019
Criminal Motion No. 60 of 2018
[Criminal Law — section 146(1)(d) of the Excise Order 2006 — Notice of Motion —leave to appeal for longer period of instalment payments.]
Decision date: 4 Feb 2019
Criminal Appeal No. 35 of 2018
[Criminal Law — offence under section 146(1)(d) and punishable under section 146(1)(i) of the Excise Order 2006 — appeal for a longer period of instalment payments]
Decision date: 4 Feb 2019
Criminal Motion No. 58 of 2018
[Criminal Law — offence under section 146(1)(d) and punishable under section 146(1)(i) of the Excise Order 2006 — Notice of Motion — leave to appeal for longer period of instalment payments]
Decision date: 4 Feb 2019
Criminal Appeal No. 29 of 2018
[Criminal Law — Appeal asking for more time to pay — currently facing sentence for consuming Methylamphetamine — Class A controlled drug — contrary to section 6(b) of the Misuse of Drugs Act, Cap 27.]
Decision date: 16 Jan 2019
Criminal Appeal No. 30 of 2018
[Criminal Law and procedure — retraction of plea of guilty — principles applicable — safeguards for determining validity of plea of guilty — accused must understand the nature and consequences of his plea — section 175(1) and section 175(2) of the Criminal Procedure Code — second or subsequent offender — minimum sentence — section 146(1)(d) of the Excise Order 2006]
Decision date: 26 Dec 2018
Criminal Appeal No. 32 of 2018
[Theft by employee – Whether charge defective – Whether defect material – Whether error occasioned a failure of justice – Whether sentence excessive – s.381 of Penal Code – ss. 153, 156 and 371 of Criminal Procedure Code.]
Decision date: 17 Dec 2018
Criminal Appeal No. 28 of 2018
[Driving a car with expired insurance policy – Whether there were “special reasons” for not ordering disqualification – ss.3(1) and 3(2) of the Motor Vehicle Insurance (Third Party Risks) Act.]
Decision date: 12 Dec 2018
Civil Appeal No. 9 of 2005
[-]
WENDY LU AI SWAN v FREME TRAVEL SERVICES SDN BHD
COACV/9/2005
Decision date:
Criminal Appeal No. 21 of 2018
[Corruption – Whether gratifications given and accepted as “mere gifts” – S.6(a) of Prevention of Corruption Act – Order for payment of penalty and prosecution costs – Principles.]
Decision date: 10 Dec 2018
Criminal Appeal No. 29 of 2017 and No. 30 of 2017
[Road traffic – Causing death by dangerous driving – Definition of dangerous driving – Sentence – Principles of sentencing – Aggravating and mitigating circumstances.]
Decision date: 29 Nov 2018
Criminal Appeal No. 12 of 2018
[Unlawful possession of cigarettes and alcoholic drinks – Section 146(1)(d) of Excise Order 2006 – Default sentence manifestly excessive.]
Decision date: 27 Nov 2018
Civil Appeal No. 7 of 2018
[Part 36 offers, indemnity costs and interest; Claims on behalf of minors; appropriate for orders for indemnity costs.]
Decision date: 26 Nov 2018
Criminal Motion No. 51 of 2018
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Decision date: 22 Nov 2018
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