JUDGMENTS
Civil Appeal No. 5 of 2018
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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
Criminal Appeal No. 23 of 2017
[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
Criminal Appeal No. 6 of 2018
[Public Prosecutor’s appeal against a 2 years sentence after a plea of guilty to one s.408 CAP 22 offence. Not manifestly inadequate – appeal dismissed]
Decision date: 25 April 2018
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
Criminal Appeal No. 39 of 2016
Criminal Appeal No. 4 of 2018
[Criminal Law — Section 146(1)(d) of the Excise Order 2006 — Appeal for longer period of
instalment payments.]
Decision date: 28 Mar 2018
Criminal Appeal No. 38 of 2016
[Corruption – Public body – Sentence.]
Decision date: 6 Jan 2018
Criminal Appeal No. 4 of 2017
[Conviction – Dealing with cigarettes with intent to evade excise duty – Magistrate’s findings of fact challenged – Approach of appellate court.]
Decision date: 4 Jan 2018
Civil Appeal No. 4 of 2017
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
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