JUDGMENTS
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
[-]
Decision date: 22 Nov 2018
Civil Appeal No. 14 of 2018
[-]
Decision date: 22 Nov 2018
Civil Appeal No. 12 of 2018
Civil Appeal No. 2 of 2018
[Contract – Appeal against trial judge’s findings of fact and on credibility of witnesses – appeal dismissed.]
Decision date: 22 Nov 2018
Criminal Appeal No. 16 of 2018
[Sentence-appeal against a total sentence of 16 years’ imprisonment with 12 strokes following pleas of guilty to two counts of rape of two of his daughters, aged 11 and 14 years respectively, dismissed.]
Decision date: 21 Nov 2018
Criminal Motion No. 28 of 2018
Civil Appeal No. 4 of 2018
[Binding effect of “settlement agreement”]
Decision date: 21 Nov 2018
Criminal Appeal No. 11 of 2018
[-]
Decision date: 19 Nov 2018
Civil Appeal No. 7 of 2018
[Duty of care on employers to scaffolders working at height: Risk assessment and safe places of work; duty to enforce use of operative’s personal protection equipment; cross-appeal on appropriateness of contributory negligence]
Decision date: 19 Nov 2018
Criminal Appeal No. 27 of 2018
Criminal Law — Possession of contraband cigarettes– Section 146(1)(d) of the Excise Order 2006 —appeal against sentence — asking for more time to pay fine—dilution of deterrent element of sentence.
Decision date: 15 Nov 2018
Criminal Motion No. 49 of 2018
[ Bail – Prosecution’s grounds for opposing bail considered – defendants foreign nationals]
Decision date: 15 Nov 2018
Criminal Motion No. 41 of 2018
[Bail – Prosecution’s grounds for opposing bail considered – defendants foreign nationals]
Decision date: 15 Nov 2018
Criminal Motion No. 40 of 2018
[Bail – Prosecution’s grounds for opposing bail considered – defendants foreign nationals]
Decision date: 15 Nov 2018
Criminal Motion No. 38 of 2018
[Sentence-the applicant pleaded guilty to three charge: 1st charge, outraging the modesty of his step-daughter, aged 13 to 14 years, contrary to section 354B of the Penal Code (3 years imprisonment); 2nd charge, observing and video recording his naked 16 year-old step daughter in her bedroom in the family home as she dressed following bathing, contrary to section 377H of the Penal Code (8 months imprisonment, consecutive to the 1st charge); and 3rd charge , consumption of Methylamphetamine, contrary to section 6 (b) of the Misuse of Drugs Act ($1,500 fine- payment forthwith, 3 months’ imprisonment in default.)
Appeal against sentence allowed: 2nd charge, the sentence of 8 months’ imprisonment was quashed and a sentence of 4 months’ imprisonment substituted, to be served consecutively to the sentence imposed on the 1st charge; the Court regretted the destruction by the prosecution of the recording and all copies prior to the hearing, albeit pursuant to an order of the judge sought by the prosecution; 3rd charge, the judge having made no enquiries as to the applicant’s means, the Court quashed the order that in default of payment of the fine, the applicant serve a sentence of 3 months imprisonment, to be served consecutively to the other sentences]
Decision date: 15 Nov 2018
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