CRIMINAL PROCEDURE: Appeal
3 cases · March 2025 to February 2026
Case Volume by Year
1 25
2 26
2025–2026
Key Issues & Sub-Topics
Appeal by prosecution against decision of trial judge to acquit and discharge respondent — Charge under section 326 of the Penal Code — Whether trial judge should have amended charge — Whether court should invoke section 167 on appeal — Criminal Procedure Code, ss 167, 173(h)(ii) 1 Appeal against conviction and sentence — Accused person convicted for drug trafficking — Drugs found in car in a zipper bag not in plain sight — Presumption of possession — Whether knowledge could be inferred — Reaction of accused person — Whether accused persons aware of existence of drugs — Car was borrowed — Owner not called as witness — Whether other persons had access to car — Sections 37(d), 39B(1)(a) of the Dangerous Drugs Act 1952 1 Appellate court — Duty to assess whether conviction is safe — No error of law or fact shown — Trial court’s finding based on credible testimony — Conviction upheld CRIMINAL PROCEDURE: Defence — Bare denial — Appellant unable to offer plausible explanation or alternative version — Vague claims of accident contradicted by consistent testimony and eyewitness evidence CRIMINAL PROCEDURE: Sentencing — Discretion of trial judge — Sentence not manifestly excessive or inadequate — Appellate court slow to interfere — Sentencing discretion properly exercised — Sentence of imprisonment and fine affirmed CRIMINAL PROCEDURE: Prosecution — Failure to call witness — Prosecution not bound to call every witness — Evidence adduced sufficient to prove charge beyond reasonable doubt — No adverse inference drawn EVIDENCE: Corroboration — Sexual offence — Corroboration not mandatory where complainant’s evidence unusually convincing — Evidence of independent eyewitness present — Complainant’s version credible and consistent EVIDENCE: Credibility of witness — Trial court's findings on credibility — Complainant’s testimony clear and consistent despite cross-examination — No reason for appellate interference 1
Appeal by prosecution against decision of trial judge to acquit and discharge respondent — Charge under section 326 of the Penal Code — Whether trial judge should have amended charge — Whether court should invoke section 167 on appeal — Criminal Procedure Code, ss 167, 173(h)(ii) 1 case
Appeal against conviction and sentence — Accused person convicted for drug trafficking — Drugs found in car in a zipper bag not in plain sight — Presumption of possession — Whether knowledge could be inferred — Reaction of accused person — Whether accused persons aware of existence of drugs — Car was borrowed — Owner not called as witness — Whether other persons had access to car — Sections 37(d), 39B(1)(a) of the Dangerous Drugs Act 1952 1 case
Appellate court — Duty to assess whether conviction is safe — No error of law or fact shown — Trial court’s finding based on credible testimony — Conviction upheld CRIMINAL PROCEDURE: Defence — Bare denial — Appellant unable to offer plausible explanation or alternative version — Vague claims of accident contradicted by consistent testimony and eyewitness evidence CRIMINAL PROCEDURE: Sentencing — Discretion of trial judge — Sentence not manifestly excessive or inadequate — Appellate court slow to interfere — Sentencing discretion properly exercised — Sentence of imprisonment and fine affirmed CRIMINAL PROCEDURE: Prosecution — Failure to call witness — Prosecution not bound to call every witness — Evidence adduced sufficient to prove charge beyond reasonable doubt — No adverse inference drawn EVIDENCE: Corroboration — Sexual offence — Corroboration not mandatory where complainant’s evidence unusually convincing — Evidence of independent eyewitness present — Complainant’s version credible and consistent EVIDENCE: Credibility of witness — Trial court's findings on credibility — Complainant’s testimony clear and consistent despite cross-examination — No reason for appellate interference 1 case
Key Statutes
Penal Code (Cap 574)
cited in 2 cases