JUDGMENTS

Criminal Appeal No. 21 of 2017

[5 similar offences of trespass and theft. Substantial quantity of aluminium stolen and sold for about $720. Early pleas. 30 years old man with clear record who became unemployed through illness 4 years earlier. Starting point of 6 years manifestly high. No more than 5 years appropriate. Total sentence reduced from 4 years to 3 years imprisonment]

Decision date: 16 April 2018
Civil Appeal No. 4 of 2017

[Sale of car. Defects arose. Damages awarded under Sale of Goods Act and for negligence. Appeal allowed on quantum of special and general damages. Awards of aggravated and punitive damages ought not to have been made. Damages reduced. Counterclaim in defamation. No evidence to support a defence of justification in respect of one statement. Appeal allowed. Retrial before a different judge.]

Decision date: 29 Nov 2017

Criminal Motion No. 24 of 2016

[Criminal Law – Criminal Procedure – Accused voluntarily causing hurt – Defence – Automatism – Insanity – Onus of Proof – whether the Defendant has the intention to cause hurt]

Public Prosecutor v Pg Mohammad Ezul Hazrin Bin Pg Hj Zohaini

CM/24/2016

Decision date: 18 Nov 2017

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