JUDGMENTS
Criminal Motion No. 27 of 2022
[Criminal law – Housebreaking – Sentence ]
Decision date: 10 June 2023
Criminal Appeal No. 15 of 2020
[Criminal law – Armed gang robbery – Sentence ]
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 ]
Decision date: 10 June 2023
Criminal Appeal No. 5 of 2023
[Criminal law – Consuming methylamphetamine – Second offender – Sentence]
HAILANSHAH BIN HAJI TAHIRUDIN v PUBLIC PROSECUTOR
HACM/5/2023
Decision date: 22 May 2023
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. 2 of 2023
[Criminal law – Possession of unexcised cigarettes – Sentence]
ARINAH BINTI ALI v PUBLIC PROSECUTOR
HACM/2/2023
Decision date: 18 Apr 2023
Criminal Appeal No. 30 of 2022
[Criminal law – Possession of unexcised cigarettes and alcoholic drinks – Sentence]
HAJI NURHASSIMIE BIN MOHD FAIZAL v PUBLIC PROSECUTOR
HACM/30/2022
Decision date: 29 Mar 2023
Criminal Appeal No. 18 of 2022
[Criminal law – Public servant obtaining a valuable thing without consideration from a person concerned in business transacted in connection with official functions – Sentence]
MOHD SHAH NURUL RIDZUAN BIN HAJI MAIDDIN v PUBLIC PROSECUTOR
HACM/18/2022
Decision date: 21 Mar 2023
Criminal Trial No. 4 of 2021
[Criminal Law – Section 376(1) – Rape by having sexual intercourse]
Public Prosecutor v JSK bin S
HCCT/4/2021
Decision date: 18 Mar 2023
Criminal Appeal No. 25 of 2022
[Criminal law – Compensation order – Principles applicable]
MARY ANAK ALUSON v PUBLIC PROSECUTOR
HACM/25/2022
Decision date: 13 Mar 2023
Criminal Appeal No. 19 of 2022
[Criminal law – Corruption – Sentence]
ZULKIFLI BIN HAJI TALIP v PUBLIC PROSECUTOR
HACM/19/2022
Decision date: 8 Mar 2023
Criminal Motion No. 29 of 2022
[Criminal law – Theft by employee – Sentence]
Muhammad Adiy Osmera Bin Abdullah @ E.D. Osmera Bin Tikus v Public Prosecutor
CM/29/2022
Decision date: 6 Mar 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 Motion No. 5 of 2023
[Criminal law – Possession of unexcisable goods (alcoholic drinks) – Sentence]
Ak Abdullah Bin Pg Jafar v Public Prosecutor
CM/5/2023
Decision date: 14 Feb 2023
Criminal Appeal No. 28 of 2022
[Criminal law – Theft of mobile phones – Multiple offences – Sentence]
ROSMALI BIN HAJI OMAR v PUBLIC PROSECUTOR
HACM/28/2022
Decision date: 30 Jan 2023
Criminal Motion No. 24 of 2022
[Criminal law – Unlawful carnal knowledge committed by a 34 year old man – Victim aged 15 the offender’s second cousin – Sentence]
Mohamad Hajatul Nazri v Public Prosecutor
CM/24/2022
Decision date: 13 Dec 2022
Criminal Motion No. 23 of 2022
[Criminal law – Cheating offences committed by a police officer – Sentence]
Sahlan Bin Haji Mat Sahat v Public Prosecutor
CM/23/2022
Decision date: 12 Dec 2022
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
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]
Decision date: 26 Nov 2022
Criminal Motion No. 19 of 2022
Criminal Motion No. 14 of 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]
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]
Decision date: 24 Nov 2022
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