JUDGMENTS
Criminal Appeal No. 14 of 2019
[Validity of guilty plea – Whether accused understood the nature and consequences of his plea – Whether guilty plea qualified by statement of accused in mitigation – section 175 of Criminal Procedure Code.
Making incorrect declaration – Absolute offence – Absence of knowledge of accused of falsity or incorrectness of untrue or incorrect declaration made no defence – sections 138(1)(b) and 138(2)(a) of Customs Order 2006.]
Decision date: 25 Nov 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
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
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