JUDGMENTS

Admiralty in Rem No 1, 3, 4 of 2018

[Tort of negligence – barges drifting away from mooring point resulting in allision against piles at pier – barges being moored at a mangrove riverbank affected by wind squalls – whether the doctrine of res ipsa loquitur applies – the role of an expert witness and the limits to using expert evidence – whether the mooring arrangement at the mooring point was adequate – whether the barges had a proper mooring configuration in place – whether the extraction operation carried out to retrieve the barges amounted to a novus actus interveniens which severed the chain of causation – whether it is necessary to apportion liability – what is the quantum of damages recoverable]

Daelim Industrial Co Ltd v The owners and/or demise charterers of the ship or vessel “Linau 129” & 2 Others

Admirally Rem/ No 1, 3, 4/2018

Decision date: 13 May 2023
Criminal Appeal No. 29 of 2022

[Criminal law – Section 3A of Misuse of Drugs Act, Cap 27 read with Section 34 of the Penal
Code – Bail – allowed – appeal by prosecution – dismissed]

PUBLIC PROSECUTOR v AWANG AHAMAD BIN AWANG TENGAH (D1) MUHAMMAD AZIZAN FADHLI BIN ABDUL RAHIM (D2)

HACM/29/2022

Decision date: 14 Feb 2023
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]

Decision date: 24 Nov 2022

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