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[2018] MYCA 274Court of Appeal

Suit Number: Criminal Appeal No. S-09-364-10/2017  Date of Judgment: 09 August 2018

Criminal law – Offence of intending to deceive principal by agent – Conviction – Enhancement of sentence on appeal to High Court – Appeal – Sections 18 and 24, Malaysian Anti-Corruption Commission Act 2009

Sentencing – Factors to be taken into consideration by a trial judge in assessing appropriate and just sentence – Principles governing appellate intervention in sentencing

[2018] MYCA 273Court of Appeal

Suit Number: Criminal Appeal No. S-05(M)-85-02/2017  Date of Judgment: 08 August 2018

Criminal law – Murder – Conviction – Sentence – Section 302, Penal Code

Criminal law – Whether the trial judge failed to appreciate the evidence submitted that there was no motive or intention to kill – Whether the trial judge erred when she convicted the appellant of murder when the weapon that was adduced may not be the weapon used to kill the deceased – Whether the trial judge had failed to appreciate evidence submitted that there might have been sudden fight occurred prior to the death of the deceased that might have led the deceased to succumb to the injuries sustained that lead to her death

[2018] MYCA 272Court of Appeal

Suit Number: Rayuan Sivil No. W-02(NCVC)(A)-133-01/2017   Date of Judgment: 13 July 2018

Mental health – Originating Summons for an inquiry into the mental condition of a person to determine whether that person is capable of managing himself and his affairs under section 52 of the Mental Health Act 2001 – Test to be applied in examining the application for such an inquiry – Whether a prima facie case, an allegation that a person is mentally disordered, must first be established – Whether the court should then ascertain whether there was substance in the allegation – Standard required in proving the allegation

[2018] MYCA 270Court of Appeal

Suit Number: Rayuan Jenayah No. C-05(M)-166-05/2016  Date of Judgment: 08 August 2018

Criminal law – Trafficking in dangerous drugs – Conviction of one of the accused – Sentence – Appeal

Criminal law – Whether the trial judge erred in relation to the presumptions under the Dangerous Drugs Act 1952 – Whether the trial judge erred in relation to the application of section 2 of the Dangerous Drugs Act 1952 – Whether the trial judge failed to properly evaluate the evidence before it

[2018] MYCA 267Court of Appeal

Suit Number: Civil Appeal No. N-02(NCVC)(W)-2555-12/2017  Date of Judgment: 08 August 2018

Litigation & court procedure – Costs – Security for costs – Meaning & scope – Application for security for costs in reliance of section 44 of Courts of Judicature Act 1964, rule 27 of the Rules of Court of Appeal, Order 23 of Rules of High Court 2012

[2018] MYCA 264Court of Appeal

Suit Number: Criminal Appeal No. J-05(M)-113-03/2017   Date of Judgment: 10 July 2018

Criminal law – Murder – Conviction – Death sentence – Appeal – Whether conviction safe

Criminal law – Intention to cause death or to cause injuries which lead to death – Whether the appellant had the intention of causing death or injuries

[2018] MYCA 260Court of Appeal

Suit Number: Civil Appeal No. M-02(NCVC)(W)-466-03/2017   Date of Judgment: 19 July 2018

Corporate law – Director – Fiduciary duty – Whether the appellant, as a nominee director, owed any fidelity and or fiduciary duty to the respondent – Whether the trial court had erred when it decided that the appellant had breached his fiduciary duties – Whether the trial judge had erred in awarding general damages to the respondent for breach of duties of fiduciary and fidelity by the appellant

[2018] MYCA 259Court of Appeal

Suit Number: Civil Appeal No. A-02-(IM)(NCVC)-2559-12/2017   Date of Judgment: 19 July 2018

Litigation & court procedure – Consent judgment – Suit to set aside the consent judgment – Application to dismiss the suit to set aside the consent judgment under inherent jurisdiction of the court and/or pursuant to Order 18 rule 19(1)(b) and or (d) of the Rules of Court 2012 on the grounds that the issues raised in the suit have been adjudicated upon and a consent judgment was recorded – Dismissal of application – Appeal

Litigation & court procedure – Consent judgment – Nature of consent judgment – Whether the issues of a case adjudicated when a consent judgment is recorded – Whether res judicata applies to the issues involved in a case that was settled by a consent judgment

Litigation & court procedure – Striking out – Whether the suit to set aside the consent judgment should be struck out – Principles upon which a court exercises its power under any of the four limbs of Order 18 rule 19(1) of the Rules of Court 2012

[2018] MYCA 257Court of Appeal

Suit Number: Civil Appeal No. C-02(NCVC)(W)-1010-05/2017   Date of Judgment: 19 July 2018

Defamation – Libel – Appeal against liability and quantum of damages Defamation – Defence of justification or fair comment – Defence of qualified privilege – Issue of locus standi – Whether there was a positive identification of the respondent

Defamation – Innuendo – Whether the fact that innuendo was not pleaded by the respondent would in any way affect the merit of the claim

Damages – Quantum of damages – Whether the amount justified when considered against the gravity of the accusation, the extent of the publication and the office held by the appellant

[2018] MYCA 255Court of Appeal

Suit Number: Criminal Appeal Nos. B-05(H)-171-05/2016(IRN) & B-05(SH)-175-05/2016(IRN)  Date of Judgment: 02 August 2018

Criminal law – Trafficking in dangerous drugs – Appeal by prosecution – Whether the defence had cast a reasonable doubt on the prosecution’s case – Whether the accused innocent carriers – Whether the accused guilty of wilful blindness

[2018] MYCA 254Court of Appeal

Suit Number: Criminal Appeal No. P-05(SH)-418-11/2016   Date of Judgment: 06 August 2018

Criminal law – Trafficking in dangerous drugs – Appellant found guilty – Appellant a child under the Child Act 2001 – Appellant ordered to be detained in a prison during the pleasure of the Penang Governor – Appeal

Criminal procedure – Whether the trial judge erred in ruling that the prosecution had proven a prima facie case of trafficking against the appellant – Whether the trial judge erred in not invoking section 114(g) presumption against the prosecution for failing to call or offer a material witness – Whether the trial judge failed to appreciate the defence case – Whether conviction safe – Whether appellate intervention warranted

[2018] MYCA 250Court of Appeal

Suit Number: Civil Appeal No. W-02(NCVC)(W)-1734-08/2017   Date of Judgment: 31 July 2018

Corporate law – Fraudulent trading under section 304 of the Companies Act 1965 – Scope of section 304 of the Companies Act 1965 – What constitutes an “intent to defraud” – Standard of proof – Whether the business of the second defendant had been carried out with intent to defraud its creditors

Corporate law – Lifting of the corporate veil – Test – Whether the facts of the instant case justified the lifting of the corporate veil

Damages – Exemplary damages – Whether the plaintiff was entitled to exemplary damages

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