JUDGMENTS
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
Criminal Trial No. 28 of 2025
[Sentencing: Theft from a place of worship- Section 380 A- Pleaded guilty- Appropriate Sentence.]
Decision date: 5 Jun 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 Trial No.22 of 2025
[Sentencing- Offences – Section 29(1) Public Order Act, cap 148 – in possession of offensive weapon in public places without lawful authority or lawful purpose –
Section 324 Penal Code – Voluntarily causing hurt by dangerous weapon – Pleaded guilty – Previous conviction of mischief and violence – Appropriate Sentence – Protection to community.]
Date of Sentence: 12 May 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 Trial No. 14 of 2025
[Criminal law – sentencing – guilty plea – totality – multiple charges – housebreaking – theft – Section 457 of the Penal Code – Section 379 of the Penal Code – Section 511 of the Penal Code – previous convictions – habitual offender – similar conviction – concurrent]
Decision date: 27 Apr 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 Trial No. 10 of 2025
[Multiple charges – House trespass in order to commit offence punishable with imprisonment – Offence under section 451 Penal Code- Previous Convictions- Deterrent sentence.]
Decision date: 7 Apr 2025
Criminal Trial No. 44 of 2024
[Section 293B of the Penal Code- Taking, distributing, showing, advertisement and access to indecent photograph of a child- Pleaded guilty- Section 13 A CPC- taken into consideration of outstanding offences- Deterrent Sentence.]
Decision date: 24 Mar 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 Trial No. 22 of 2024
[Sentence – 11 joint charges – Offence under Section 457 PC read with section 34 of the same- House breaking by night in order to commit offence punishable with imprisonment- Section 34 PC- Acts done by several persons in furtherance of common intention – 4 individual charges- Section 379 PC – Theft- Crime committed by repeated offenders- Planned Professional criminal activity- Public Interest- Deterrent Sentence.]
Sentence date: 10 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
Criminal Trial No. 49 of 2024
[Sentence: Section 457 PC – house breaking by night with the intention to commit an offence punishable with imprisonment – multiple previous conviction – Public Interest- Deterrent Sentence – Appropriate Sentence]
Decision date: 17 Feb 2025
Criminal Trial No. 8 of 2025
[Sentencing: Joint charges – S 451 PC read with section 34 of the same – House trespass in order to commit theft – Common intention – Pleaded guilty- repeated offender – Public Interest -Deterrence sentence – Appropriate Sentence]
Decision date: 13 Feb 2025
Civil Suit No. 4 of 2024
[Injunction – Order 29 of the Rules of the Supreme Court (RSC) – Whether an injunctive relief is necessary to prevent the defendants from dissipating their assets, incomes or business – Whether an injunctive relief is necessary to prevent the defendants from leaving the country – Whether the defendants would be adequately compensated with damages – Whether an injunctive relief is required to maintain the status quo – Application dismissed]
Decision date: 4 Feb 2025
Criminal Trial No. 3 of 2023
PUBLIC PROSECUTOR V F BIN D
HCCT/3/2023
Decision date: 30 January 2026
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