JUDGMENTS
Criminal Appeal No. 7 of 2024
[Criminal Law – THeft in a protected place – Sentence]
Decision date: 18 Jun 2025
Criminal Motion No. 18 of 2024
[Criminal law – Housebreaking with intent to commit theft – Custodial sentence to be backdated to date of initial remand]
Decision date: 17 June 2025
Criminal Motion No. 7 of 2024
[Criminal law – Rape of 14 years -old-girl – Multiple offences – Sentence]
Decision date: 17 June 2025
Criminal Appeal No. 12 of 2024
[Criminal law – Unlawful Canal Knowledge – Kidnapping – Sentence ]
Decision date: 17 June 2025
Criminal Appeal No. 9 of 2024
[Criminal law – Mischief by fire with intent to cause damage to property – Sentence. ]
Decision date: 17 June 2025
Criminal Motion No. 2 of 2024
[Criminal law – Cheating – Forgery – Sentence]
Decision date: 16 June 2025
Criminal Motion No. 1 of 2024
[Criminal law – Housebreaking – House-trespass – Theft in a building – Sentence]
Decision date: 16 June 2025
Criminal Motion No. 15 of 2024
[Criminal law – Criminal breach of trust by a public servant – Sentence]
Decision date: 16 June 2025
Criminal Appeal No. 14 of 2024
[Criminal law – Taking indecent photographs of a child – Sentence]
Decision date: 16 June 2025
Criminal Appeal No. 28 of 2024
[Criminal Law – Possession of contraband cigarettes – Payment of fine by instalment – Factors to be considered – Appeal dismissed]
Decision date: 12 Jun 2025
Civil Suit No. 28 of 2022
[ Civil Case – Application For Leave to Appeal to Court of Appeal – No Exceptionol Circumstonces or Valid Ground – Application Dismissed.]
Decision date: 9 July 2025
Civil Suit No 21 of 2017
[Civil Procedure– Bankruptcy– Application to review Certificate of Taxation Whether debtor under Receiving Order requires leave of Official Receiver to initiate proceedings– Section 12(1)(b) of Bankruptcy Act– Whether jurisdiction lies with civil court or bankruptcy court– Whether personal costs order against solicitor appropriate– Appeal dismissed and Registrar’s ruling affirmed.]
Decision date: 3 June 2025
Criminal Motion No. 13 of 2025
[Criminal law – application for leave to appeal out of time – S.146(1)(d) ExciseOrder 2006 – appellant fined $10,000 and 10 months’ imprisonment, in default –application for leave to apply for an extension of grace period and for monthly installment of $100 – in dismissing the appeal, court finds no reasonable explanationfor delay in filling appeal and application lacks merits with little prospect of success]
Public Prosecutor v Rodney Keasberry
CM/13/2025
Decision date: 19 May 2025
Criminal Appeal No. 8 of 2025
[Bail application – Offences against property – defendant has numerous previous convictions since 1990 – strong familial bond seen in applicants’ favour – previous conviction seen in proper context and not in entirety]
Decision date: 12 May 2025
Criminal Motion No. 29 of 2024
[Criminal Procedure – Excise Order – Repeat offender – Possession of unexcisable goods – Tobacco and liquor – Section 146(1)(d), (ia), (iiia) Excise Order, 2006 – Application for extension of grace period – Application for installment payment – Long installment payment not in public interest – appeal dismissed]
Decision date: 5 May 2025
Criminal Appeal No. 23 of 2024
[Criminal Law – Appeal – Extension of grace period and to pay by instalment]
Decision date: 12 Apr 2025
Criminal Motion No. 5 of 2025
[Bail – leave to appeal against Magistrate decision in denying bail]
Decision date: 9 Apr 2025
Criminal Motion No. 1 of 2025
[Criminal law – appeal against Magistrate’s sentence – S.6(b) Misuse of Drugs Act CAP 27 – 2nd offender – considerable length of time between convictions – Magistrate imposed the minimum sentence of 3 years after guilty plea]
Decision date: 8 Apr 2025
Criminal Motion No. 9 of 2025 and Criminal Motion No. 10 of 2025
[Criminal Law – Revision – s.406 Penal Code – Magistrate has jurisdiction to hear]
Public Prosecutor v Faridah Norhayati Binti Ta’ai & Public Prosecutor v Rency Morales
CM/9/2025 & CM/10/2025
Decision date: 20 Mar 2025
Criminal Appeal No. 21 of 2024
[Criminal Law – Appeal against Rehabilitation Order imposed under section 29(4) of Misuse of Drugs Act – Rehabilitating is an opportunity to change rather than punishment – Appeal dismissed]
Decision date: 10 Mar 2025
Originating Summons No. 52 of 2024
[Civil procedure – application by respondent to strike out ex-parte eviction order – application granted – ex-parte order set aside ]
Decision date: 8 March 2025
Criminal Appeal No. 24 of 2024
[Criminal Appeal – Outrage modesty – S.354 Penal Code CAP 22 – Sentence after trial – 8 months’ imprisonment – Prosecution appeal on grounds (i) sentence manifestly inadequate (ii) Magistrate wrong to give one-third discount in sentence after trial]
Decision date: 5 Mar 2025
Criminal Motion No. 17 of 2024
[(1) Criminal Appeal – Leave to Appeal out of time – Appellant not explained of his right to appeal – Leave to appeal is granted out of right.
(2) Criminal Appeal – Appellant not given 1/3 discount in sentencing after pleading guilty at first opportunity – sentence altered to allow for 1/3 discount for guilty plea]
Public Prosecutor v Pun Chee Mann
CM/17/2024
Decision date: 5 Mar 2025
Criminal Appeal No. 17 of 2024
[Criminal Appeal – Appeal against Magistrate’s sentence – manifestly excessive and Magistrate failed to consider – all mitigating factors – Magistrate’s sentence appropriate – Appeal dismissed]
Decision date: 1 Mar 2025
Originating Motion No. 14 of 2023
[Application for leave to appeal out of time – procedural irregularity – leave to appeal granted – contract law – appeal against magistrate’s decision in dismissing plaintiff’s case – magistrate’s decision upheld – application dismissed]
Decision date: 17 Feb 2025
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