JUDGMENTS
Criminal Motion No. 14 of 2024
[Criminal Law – Sentence – Consumption of Ketamine – Second Offender – Minimum Sentence – No arguable case – Application for leave to appeal dismissed]
Muhammad Mhar Lin bin Muhammad Louis v Public Prosecutor
CM/14/2024
Decision date: 26 Oct 2024
Criminal Appeal No. 18 of 2024
[Criminal law – Mischief by causing damage to government property – Sentence]
Decision date: 14 Oct 2024
Criminal Motion No. 6 of 2024
[Criminal appeal – road traffic offence – causing death by dangerous driving – section 27(1) Road Traffic Act (Cap 68) – appeal against sentence]
Decision date: 5 Oct 2024
Criminal Motion No. 19 of 2024
[Criminal law – Bail – Leave of appeal out of time – No arguable case in the substantive appeal – Application – Dismissed]
Mohammad Ratano Bin Haji Ali [D2] v Public Prosecutor
CM/19/2024
Decision date: 5 Oct 2024
Criminal Trial No.12 of 2022
[Criminal Law – Section 377(2) of the Penal Code, Chapter 22 – 2 Charges – Convicted after trial – young children – sentence – serious offences – young victims – protection of children, young and vulnerable – rehabilitation and deterrence – consecutive sentences]
Public Prosecutor v M.M.M
HCCT/12/2022
Decision date: 2 Oct 2024
Criminal Appeal No. 19 of 2023
[Criminal Law – Section 6(b)Prevention of Corruption Act, Cap 131 read with Section 13 of the same – Acquittal – Appeal – Instigation runs and continues in accordance of purpose – Magistrate decision is against the weight of evidence – appeal allowed – Magistrate decision reversed – Sentence]
Decision date: 24 Sep 2024
Criminal Motion No. 16 of 2024
[Criminal law – Bail Revoked by Magistrate – Failure to Attend Court – Highly to Abscond and Fail to Appear Court – Appeal Dismissed]
Muhammad Nur Rezian Bin Abdullah v Public Prosecutor
CM/16/2024
Decision date: 21 Sep 2024
Criminal Trial No. 10 of 2024
[Criminal law – Bail Application – Dismiss]
Public Prosecutor v Sheikh Muhammad Mahdi Bin Hj Sheikh Edham
HCCT/10/2024
Decision date: 10 Sep 2024
Criminal Motion No. 10 of 2024
[Criminal Law – Notice of Appeal for extension of grace period – Excise Order 2006 – Appeal Dismissed]
Decision date: 7 Sep 2024
Originating Motion No. 2 of 2024
[Civil Procedure – Application for recusal of presiding judge for winding up proceeding ]
ASIAEURO-TECH SENDIRIAN BERHAD v PT WINTERMAR
OM/2/2024
Decision date: 5 Sep 2024
Criminal Motion No. 10 of 2024
[Criminal Law – Bail application – leave to appeal out of time]
Pg Mohd Aisamuddin Bin Pg Hj Md Daud v Public Prosecutor
CM/10/2024
Decision date: 26 Aug 2024
Criminal Motion No. 2 of 2024
[Criminal Law and procedure – theft of a motor vehicle – common intention – section 379 and read with section 34 of the Penal Code – imprisonment – Prosecution appeal against sentence – manifestly inadequate – disparity in sentence – appeal allowed – sentence enhanced]
Decision date: 17 Aug 2024
Criminal Trial No. 12 of 2022
[Criminal Law– Unnatural Carnal Intercourse – Section 377 Penal Code – Evidence – Section 134A Evidence Act- Credible Witnesses – Guilty to both charges]
Public Prosecutor v M.M.M
HCCT/12/2022
Decision date: 12 Aug 2024
Criminal Trial No. 24 of 2022
[Criminal law – Sentencing – D1 only – total of 5 charges – 4 joint charges under section 457 of the Penal Code – 1 charge under section 323 of the Penal Code – plead guilty mid trial for 2 charges – repeat offender for offences against property.]
Decision date: 1 Aug 2024
Criminal Trial No. 23 of 2022
[Criminal law – Sentencing – D1 only – total of 5 charges – 4 joint charges under section 457 of the Penal Code – 1 charge under section 323 of the Penal Code – plead guilty mid trial for 2 charges – repeat offender for offences against property.]
Decision date: 1 Aug 2024
Civil Appeal No.8 of 2022
[ Civil law: appeal, against judge’s dismissal of Deputy Chief Registrar’s dismissal of counterclaim, dismissed]
Decision date: 29 July 2024
Criminal Trial No. 23 of 2022
[Criminal law – D1 only – Jointly charged – house breaking by night – 3 charges under Section 457 of the Penal Code read with section 34 of the same – plea of not guilty – defense of alibi]
Decision date: 27 Jul 2024
Criminal Trial No. 24 of 2022
[Criminal law – D1 only – Jointly charged – house breaking by night – 3 charges under Section 457 of the Penal Code read with section 34 of the same – plea of not guilty – defense of alibi]
Decision date: 27 Jul 2024
Criminal Appeal No. 3 of 2024
[Criminal Law and procedure – dangerous driving – section 28(1) of the Road Traffic Act – disqualification – section 28(2) of the Road Traffic Act – uplift of disqualification – section 44 of the Road Traffic Act]
Decision date: 2 Jul 2024
Criminal Motion No. 21 of 2023
[Criminal law – Section 377H(3) of the Penal Code – voyeurism – appeal against sentence – deterrence is the dominant sentencing consideration of offence of this nature – imprisonment inevitable, when video recording is involved]
Decision date: 27 Jun 2024
Criminal Motion No. 17 of 2023
[Criminal Law – Section 12(1)(c) Passport Act – sentencing – whether magistrate correctly applied the relevant case law]
Decision date: 26 Jun 2024
Criminal Motion No. 11 of 2024
[Criminal Law – Notice of Motion for extension of time – about 2 months out of time – Appeal for reduction of fine and extension of grace period – Under section 26(1) of the Road Traffic Act– no satisfactory reason for delay – no prospect of success – Criminal Motion dismissed]
Mohd Haziq Hazmi Bin Abdullah Rahman v Public Prosecutor
CM/11/2024
Decision date: 26 Jun 2024
Criminal Motion No. 26 of 2022
[Criminal law – House-breaking by night – Criminal trespass with intent to commit theft – Assisting in disposing stolen property – Receiving stolen property – Sentence]
Decision date: 22 June 2024
Criminal Appeal No. 11 of 2022
[Criminal law – Outraging modesty by person in position of trust – Sentence]
Decision date: 22 June 2024
Criminal Appeal No. 11 of 2023
[Criminal law – House-breaking – Theft – Sentence]
Decision date: 20 June 2024
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