JUDGMENTS
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
Criminal Appeal No. 7 of 2019
[Sentence: Plea of guilty to s.5 Misuse Drugs Act (under 50 grams). Minimum sentence of 20 years and 15 strokes passed. Appeal dismissed.]
Decision date: 6 Nov 2019
Criminal Trial No. 11 of 2018
[Submissions of no case to answer and stay of proceedings, construction of s.3(1) of the Criminal Asset Recovery Order 2012, defendant’s right of silence, inapplicability of charging s.12(1) of the Prevention of Corruption Act, Cap. 131 offences in conjunction with other offences, partial stay of proceedings]
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: 28 Oct 2019
Criminal Appeal No. 11 & No. 12 & No. 13 of 2019
[Theft of electrical cables from government electrical substation – Appropriate sentence.]
Decision date: 29 Oct 2019
Criminal Appeal No.3 of 2019, No.4 of 2019, No.6 of 2019
[Corruption – Whether gratification given and accepted corruptly – Presumption gratification given and accepted corruptly – Abetment by instigation – Duplicity an irregularity and not an illegality – Whether sentence excessive – Commencement of sentence – Penalty – Forfeiture.]
Decision date: 19 Oct 2019
Criminal Appeal No. 17 of 2019
[Criminal law – stay of execution denied – appeal – no exceptional circumstances or no special reasons – dismissed]
Decision date: 18 Aug 2020
Criminal Appeal No. 9 of 2019
[Criminal law – Sentence – Drug consumption – Second Offender – Minimum sentence – Probation Order.]
Decision date: 11 Jun 2019
Criminal Appeal No. 1 of 2019
[Attempt to commit extortion – Sentence.]
Decision date: 18 May 2019
Criminal Appeal No. 8 of 2019
[Criminal Law — Appeal against sentence — theft by employee — section 381 of the Penal Code — guilty plea —money not recovered —Appropriate sentence]
Decision date: 15 May 2019
Criminal Motion No. 1 of 2019
[conviction. Trial part-heard before a judge; the use of evidence in the trial before a second judge- section 29 of the Intermediate Court Act. Ruling against the prosecution application to use that evidence, in face of the opposition of the represented applicant; withdrawal of the opposition by the unrepresented applicant. No notes of proceedings describing those circumstances. Conviction unsafe; conviction quashed and; retrial ordered.]
Decision date: 1 May 2019
Criminal Motion No. 63 of 2018
[Sentence-total sentence of 4 years and 8 months’ imprisonment with two strokes imposed after pleas of guilty to 5 charges, including two charges of housebreaking, contrary to section 454, entirely appropriate. Discount of 4 months’ imprisonment for assistance to the authorities, post-sentencing and prior to appearing in the Court of Appeal, in being prepared to give evidence for the prosecution in the trial of a defendant in an unrelated matter in face of which the defendant pleaded guilty.]
Decision date: 30 Apr 2019
Criminal Appeal No. 19 of 2018
[Sexual abuse of young girls at a primary school; unsworn evidence of complainants; inadmissible evidence of reports by psychologist and social worker introduced by defence counsel; experts not called to give evidence; contents wrongly adduced by improper leading questions put to appellant by defence counsel at trial; alleged inconsistencies not proved: concurrent sentences on conviction of 6 years and 3 strokes approved.]
Decision date: 30 Apr 2019
Civil Appeal No. 16 of 2018
Criminal Appeal No. 2 of 2019
[Sentence – Housebreaking and theft offences committed with juveniles – Appropriate sentences of imprisonment passed – Principle of totality applied.]
Decision date: 29 Apr 2019
Civil Appeal No. 15 of 2018
[-]
Decision date: 29 April 2019
Civil Appeal No. 2 of 2019
Criminal Motion No. 6 of 2019
[ Sentence – Breach of trust – Non custodial sentence not appropriate in the circumstances – 25% discount for total delay from arrest to sentence of 5 years. An appropriate discount for delay always depends on the particular facts of each case.]
Decision date: 24 Apr 2019
Civil Appeal No. 1 of 2019
Civil Appeal No. 10 of 2019
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