JUDGMENTS
Criminal Appeal No. 25 of 2018
[Causing hurt contrary to section 323 of Penal Code – Appeal for extension of time to pay fine dismissed.]
Decision date: 24 Sep 2018
Criminal Appeal No. 20 of 2018
[Possession of 12.74 gs of Cannabis – Appropriate sentence.]
Decision date: 6 Sep 2018
Criminal Appeal No. 9 of 2018
[Attempt to smuggle gasoline – Whether appellant should be given more time to pay fine.]
Decision date: 28 Aug 2018
Criminal Appeal No. 14 of 2018
[Possession of contraband cigarettes and alcoholic drinks – Gravity of offences and need to deter militate against allowing extension of time to pay fine.]
Decision date: 11 Aug 2018
Criminal Appeal No. 19 of 2018
[Possession of contraband beer and cigarettes – Appeal to pay fine by monthly instalments dismissed – Dilution of deterrent element of sentence.]
Decision date: 6 Aug 2018
Criminal Appeal No. 7 of 2018
Criminal Appeal No. 15 of 2018
[Criminal Law — offence under Section 146(1)(d) and punishable under Section 146(1)(i) of the Excise Order 2006 — Whether fine excessive — Extension of time to pay fine]
Decision date: 9 Jul 2018
Criminal Appeal No. 11 of 2018
[Criminal Law — Section 146(1)(d) of the Excise Order 2006 — Appeal for longer period of instalment payments — Appeal for reduction in the in default of payment sentences.]
Decision date: 23 Jun 2018
Civil Appeal No. 1 of 2018
[Issue concerning Beneficial ownership of land – whether the beneficial ownership had passed to the registered owner. Purely a question of fact decided by the judge on oral evidence and the absence of contemporaneous record. Appeal purely on fact dismissed.]
Decision date: 12 May 2018
Civil Appeal No. 5 of 2018
[-]
Decision date: 12 May 2018
Criminal Appeal No. 14 of 2017
[Appeal against conviction and sentence – s.377 Penal Code CAP 22 Carnal Knowledge against law of nature – s.354 Penal Code CAP 22 outraging modesty – Total sentence of 7 years and 3 strokes upheld – Convictions upheld on application of proviso s.415(2) Criminal Procedure Code – s.134A Evidence Act CAP 108 considered – part of clinical psychologist’s report relating to credibility of a witness inadmissible]
Decision date: 10 May 2018
Criminal Appeal No. 7 of 2018
[Appeal against convictions and sentence – Kidnapping (Penal Code s.363) and outraging modesty of 11 year old girl (Penal Code s.354) – Appeal against convictions dismissed – Sentences of 18 months and 9 months imprisonment made concurrent – admissibility of evidence of pornographic images on appellant’s mobile phone considered]
Decision date: 10 May 2018
Criminal Motion No. 39 of 2017
[Sentence for gang robbery (s.395 of CAP22) reduced after plea from 10 years and 12 strokes to 5 years and 4 months with 12 strokes – totality considered – multiple offences]
Decision date: 8 May 2018
Criminal Motion No. 38 of 2017
[Sentence for gang robbery (s.395 of CAP22) reduced after plea from 10 years and 12 strokes to 5 years and 4 months with 12 strokes – totality considered – multiple offences]
Decision date: 8 May 2018
Criminal Motion No. 37 of 2017
[Sentence for gang robbery (s.395 of CAP22) reduced after plea from 10 years and 12 strokes to 5 years and 4 months with 12 strokes – totality considered – multiple offences]
Decision date: 8 May 2018
Criminal Motion No. 36 of 2017
[Sentence for gang robbery (s.395 of CAP22) reduced after plea from 10 years and 12 strokes to 5 years and 4 months with 12 strokes – totality considered – multiple offences]
Decision date: 8 May 2018
Criminal Motion No. 35 of 2017
[Sentence for gang robbery (s.395 of CAP22) reduced after plea from 10 years and 12 strokes to 5 years and 4 months with 12 strokes – totality considered – multiple offences]
Decision date: 8 May 2018
Criminal Appeal No. 2 of 2018
[Appeal against conviction and sentence – s.363 Penal code CAP 22 kidnapping a 10 year old girl – s.354 Penal Code CAP 22 outraging modesty of same girl – sentenced to 4 years and 3 years imprisonment respectively – appeal against s.354 offence upheld – corroboration pursuant to s.133A Evidence Act CAP 108 required – part of clinical psychologist’s evidence concerning credibility and reliability of witness inadmissible – conviction and sentence quashed – Appeal against s.363 conviction dismissed – sentence reduced from 4 years to 9 months due to the absence
of the outraging modesty element]
Decision date: 8 May 2018
Criminal Motion No. 3 of 2018
[Leave to appeal against sentence granted in both cases. Multiple offences of housebreaking by night, housebreaking and theft in a dwelling together with immigration offences. Appeals allowed. Karnawi’s sentence of 8 years and 11 months imprisonment with 7 strokes together with a fine of $400 with 2 months in default reduced to a total of 6 years imprisonment with 4 strokes and the fine. Krisanto’s sentence of 10 years and 4 months imprisonment with 9 strokes reduced to 7 years imprisonment with 5 strokes]
Decision date: 3 May 2018
Criminal Motion No. 2 of 2018
[Leave to appeal against sentence granted in both cases. Multiple offences of housebreaking by night, housebreaking and theft in a dwelling together with immigration offences. Appeals allowed. Karnawi’s sentence of 8 years and 11 months imprisonment with 7 strokes together with a fine of $400 with 2 months in default reduced to a total of 6 years imprisonment with 4 strokes and the fine. Krisanto’s sentence of 10 years and 4 months imprisonment with 9 strokes reduced to 7 years imprisonment with 5 strokes]
Decision date: 3 May 2018
Criminal Appeal No. 3 of 2018
[Sentence – s376(1) and (2) CAP22 rape by father on daughter aged 19-22 – sentence of 15 years after plea reduced to 13 years – totality considered – s376(5) CAP 22 applied – mandatory provision – 2 months imprisonment added in lieu of whipping, appellant aged over 50]
Decision date: 2 May 2018
Criminal Appeal No. 20 of 2017
[Offences of outraging modesty of daughters [s.354B of Penal Code]over period in excess of two years – equivocal plea argument rejected – two offences charged – consecutive terms of 3 years and 2 strokes totaling 6 years and 4 strokes after discount applied for pleas of guilty – gross abuse of trust – sentences not manifestly excessive.]
Decision date: 2 May 2018
Criminal Appeal No. 4 of 2018
[Sentence – s376(1) and (2) CAP22 rape by father on daughter aged 19-22 – sentence of 15 years after plea reduced to 13 years – totality considered – s376(5) CAP 22 applied – mandatory provision – 2 months imprisonment added in lieu of whipping, appellant aged over 50]
Decision date: 2 May 2018
Criminal Motion No. 6 of 2018
[Offence of house trespass (s.451 Penal Code), three offences of theft of motor cars (s.379), two offences of displaying false registration plates (s.89(c)) and one offence of careless driving (s.29(1) of Road Traffic Act) – application for leave to appeal out of time refused – sentences of 12 months imprisonment for each offence of theft of motor cars to be consecutive to each other, of 24 months imprisonment for house trespass 12 months of which were to be consecutive to the sentences for theft making 4 years in total after discount – fines totaling $5,000 for other offences with 5 months imprisonment in default to be consecutive – sentences not wrong in principle or excessive]
Decision date: 1 May 2018
Criminal Appeal No. 1 of 2018
[Sentence – s.3(A) and s.6(b) of the Misuse of Drugs Act CAP 27. Discount for delay in bringing the proceedings to a conclusion. Guideline case of Roslan considered and applied]
Decision date: 1 May 2018
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