JUDGMENTS
Criminal Motion No. 15 of 2020
[Criminal law – Armed gang robbery – Sentence ]
MUHAMMAD ZAMI’ULHAYAT@IZZAT BIN MOHSIN v PUBLIC PROSECUTOR
COACM/15/2020
Decision date: 10 June 2023
Criminal Motion No. 27 of 2020
[Criminal law – Rape contrary to section 376(3)(c) of the Penal Code – Conviction after trial – Prior rape convictions – Sentence ]
KHAIRUL BIN HJ DAGANG v PUBLIC PROSECUTOR
CM/27/2020
Decision date: 10 June 2023
Criminal Motion No. 27 of 2020
[Criminal law – Rape contrary to section 376(3)(c) of the Penal Code – Conviction after trial – Prior rape convictions – Sentence ]
KHAIRUL BIN HJ DAGANG v PUBLIC PROSECUTOR
COACM/27/2020
Decision date: 10 June 2023
Civil Appeal No. 4 of 2021
[Road Traffic accident and personal injuries]
Decision date: 1 Dec 2022
Civil Appeal No. 1 of 2021
[Duty of parties to plead cases fully, identify claims, not evidence, using other procedures such as Notices to Admit, to Produce and where appropriate Interrogatories. Purpose and role of Scott Schedule; Judicial role is not to supplement practitioners’ inadequate preparation]
Decision date: 29 Nov 2022
Criminal Appeal No. 5 of 2022
[-]
MIR BASHARATH AHAMED v PUBLIC PROSECUTOR
COACM/5/2022
Decision date: 28 Nov 2022
Criminal Motion No. 24 of 2021
[Sentence: s.457 Housebreaking by night; reduced discount of 1/6th for late plea approved: 4 years and 2 months and 2 strokes approved: Application dismissed. ]
AK MD IBNU BIN PG HJ OTHMAN v PUBLIC PROSECUTOR
COACM/24/2021
Decision date: 26 Nov 2022
Criminal Motion No. 19 of 2022
[-]
ZOOL AMALI BIN MAHARI v PUBLIC PROSECUTOR
COACM/19/2022
Decision date: 24 Nov 2022
Criminal Motion No. 14 of 2022
[-]
SERIMAN BIN SULAIMAN v PUBLIC PROSECUTOR
COACM/14/2022
Decision date: 24 Nov 2022
Criminal Motion No. 8 of 2022
[Sentence – s.326 causing serious hurt likely to cause death – 4 years imprisonment after trial. Strokes reduced from 4 to 3. ]
YUSMADI BIN BUSRAH v PUBLIC PROSECUTOR
COACM/8/2022
Decision date: 24 Nov 2022
Criminal Appeal No. 4 of 2021
[Causing damage by fire (s.435(1)(c)): need for social and psychiatric assessment; antecedent history to be filed at court; plea of guilty; starting point too high; discount to be one-third; sentence reduced to 6 years 8 months and 6 strokes: no power to reduce strokes to bring it in line with reduced period of imprisonment. ]
MUHAMMAD AMIR BIN HAJI JOHARA v PUBLIC PROSECUTOR
COACM/4/2021
Decision date: 24 Nov 2022
Criminal Appeal No. 4 of 2022
[sentence-appeal dismissed. ICCT No. 72 of 2020: s.457, Penal Code, housebreaking at night, starting point of 7 year’s imprisonment for a single offence too high; discount of 42% for a plea of guilty excessive.
ICCT No. 44 of 2020: s.435, Penal Code, causing mischief by fire to a motor car;, starting point of 4 years’ imprisonment too high; discount of 43% for a plea of guilty, excessive. Discount of 25% only for allegedly late pleas of guilty from the starting point for sentence for an Alternative to Additional Charge 5 of housebreaking, contrary to s. 454, Penal Code, and an Alternative to Additional Charge 9 of committing mischief by wrongful damage to a motor car, contrary to s. 426, Penal Code, not justified; usual discount of one-third appropriate. ]
ZAINAL ABIDIN BIN JUNAIDI v PUBLIC PROSECUTOR
COACM/4/2022
Decision date: 23 Nov 2022
Criminal Motion No. 18 of 2022
[Sentence: Guilty pleas to 5 charges contrary to s.380A CAP 22. Principle of totality considered. Sentence reduced from 42 months to 32 months and 2 strokes]
MUHAMMAD SHAHRIMAN BIN RAHMAN v PUBLIC PROSECUTOR
COACM/18/2022
Decision date: 23 Nov 2022
Criminal Appeal No. 20 of 2020 & Criminal Motion No. 3 of 2022
[sentence-Libut’s appeal allowed in one respect only. Judge’s order that the effective date of sentence be the date of sentence, quashed; order made that the effective date of sentence was to run from the date the appellant was remanded in custody by an order made under the Criminal Law Preventive Detention Order. Sofianapplication for leave to appeal out of time dismissed. ]
ABDUL RASHID BIN HJ LIBUT v PUBLIC PROSECUTOR, MOHD SOFIAN BIN HAJI MD HASSAN v PUBLIC PROSECUTOR
COACM/20/2020, COACM/3/2022
Decision date: 22 Nov 2022
Criminal Appeal No. 1 of 2022
[sentence-application for leave to appeal out of time allowed; sentence of 8 years’ imprisonment, following a plea of guilty to an offence of mischief by fire, intending to cause damage or knowing it likely to be caused quashed; in its place, a sentence of 6 years and 8 months’ imprisonment imposed; no other orders. Total resulting sentence-7 years and 8 months’ imprisonment and 6 strokes.]
MOHAMMAD ERWAN BIN MANGGIS v PUBLIC PROSECUTOR
COACM/1/2022
Decision date: 22 Nov 2022
Criminal Appeal No. 20 of 2020 & Criminal Motion No. 3 of 2022
[sentence-Libut’s appeal allowed in one respect only. Judge’s order that the effective date of sentence be the date of sentence, quashed; order made that the effective date of sentence was to run from the date the appellant was remanded in custody by an order made under the Criminal Law Preventive Detention Order. Sofianapplication for leave to appeal out of time dismissed. ]
ABDUL RASHID BIN HJ LIBUT v PUBLIC PROSECUTOR, MOHD SOFIAN BIN HAJI MD HASSAN v PUBLIC PROSECUTOR
COACM/20/2020. COACM/3/2022
Decision date: 22 Nov 2022
Criminal Motion No. 17 of 2022
[-]
AK HJ RADIMAN BIN PG RAHMAN v PUBLIC PROSECUTOR
COACM/17/2022
Decision date: 22 Nov 2022
Criminal Motion No. 17 of 2022
[-]
AK HJ RADIMAN BIN PG RAHMAN v PUBLIC PROSECUTOR
COACM/17/2022
Decision date: 22 Nov 2022
Criminal Appeal No. 3 of 2022
[ Sentence: Taking obscene photographs (3 charges under s.293B of the Penal Code) and one charge contrary to s.354 of CAP 22. Pleaded guilty and clear record. Sentence of 6 years and 6 months plus 3 strokes excessive. Appeal allowed sentence reduced.]
KHAIRUL BASHAR v PUBLIC PROSECUTOR
COACM/3/2022
Decision date: 22 Nov 2022
Criminal Appeal No. 16 of 2021
[Sentence – Housebreaking by night (s.457); considerable damage done to property. Bad criminal record. Convicted after trial. Sentence of 6 years and 3 strokes upheld.]
ROSMAN BIN ABDULLAH NYAMBONG v PUBLIC PROSECUTOR
COACM/16/2021
Decision date: 21 Nov 2022
Criminal Appeal No. 9 of 2021
[sentence-appeal allowed; gang robbery, contrary to s. 395 and s. 398, Penal Code and housebreaking at night, s. 457; appellant’s evidence for the prosecution accepted at trial of a co-accused who was sentenced to 15 years’ imprisonment; 50% discount from starting points; 8 years’ imprisonment and 12 strokes, reduced to 6 years’ imprisonment and 12 strokes. ]
ROSIZAN BIN JUMAAT v PUBLIC PROSECUTOR
COACM/9/2021
Decision date: 19 Nov 2022
Criminal Appeal No. 9 of 2021
[sentence-appeal allowed; gang robbery, contrary to s. 395 and s. 398, Penal Code and housebreaking at night, s. 457; appellant’s evidence for the prosecution accepted at trial of a co-accused who was sentenced to 15 years’ imprisonment; 50% discount from starting points; 8 years’ imprisonment and 12 strokes, reduced to 6 years’ imprisonment and 12 strokes. ]
ROSIZAN BIN JUMAAT v PUBLIC PROSECUTOR
COACM/9/2021
Decision date: 19 Nov 2022
Criminal Appeal No. 10 of 2021 & Criminal Appeal No. 11 of 2021
[ sentence, causing -death of 5-month-old daughter (s.304(1) Penal Code) 15 yeas; causing GBH (s. 325-10 years and 2 strokes); failing to report to police (s. 176)-2 months. Total sentence: 20 years and 2 strokes. Appeal dismissed. Imposition of maximum sentence- within band of the worst type of case. No discount for pleas of guilty for s. 304 (1) and s. 325 offences- need to protect society and reflect public abhorrence. PP’s appeal against order of 2 strokes only dismissed- within judge’s discretion.]
KASIM BIN OMAR v PUBLIC PROSECUTOR
COACM/10/2021, COACM/11/2021
Decision date: 19 Nov 2022
Criminal Appeal No. 9 of 2021
[ sentence-appeal allowed; gang robbery, contrary to s. 395 and s. 398, Penal Code and housebreaking at night, s. 457; appellant’s evidence for the prosecution accepted at trial of a co-accused who was sentenced to 15 years’ imprisonment; 50% discount from starting points; 8 years’ imprisonment and 12 strokes, reduced to 6 years’ imprisonment and 12 strokes. ]
ROSIZAN BIN JUMAAT v PUBLIC PROSECUTOR
COACM/9/2021
Decision date: 19 Nov 2022
Criminal Motion No. 1 of 2021
[Appeals against convictions and sentence dismissed on offences of outraging the modesty of the appellant’s young daughters. Sentence of 13 years and 7 strokes upheld. ]
EDEE SOFINEE BIN OMAR v PUBLIC PROSECUTOR
COACM/1/2021
Decision date: 19 Nov 2022
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