by syahirah.suhaili | Apr 30, 2019 | Court of Appeal of Brunei Darussalam
[Sexual abuse of young girls at a primary school; unsworn evidence of complainants; inadmissible evidence of reports by psychologist and social worker introduced by defence counsel; experts not called to give evidence; contents wrongly adduced by improper leading...
by syahirah.suhaili | Apr 29, 2019 | Court of Appeal of Brunei Darussalam
[Sentence – Housebreaking and theft offences committed with juveniles – Appropriate sentences of imprisonment passed – Principle of totality applied.] MOHD ZAHIRUDDIN BIN HJ JUNAIDI v PUBLIC PROSECUTOR COACM/2/2019 Decision date: 29 Apr...
by syahirah.suhaili | Apr 24, 2019 | Court of Appeal of Brunei Darussalam
[ Sentence – Breach of trust – Non custodial sentence not appropriate in the circumstances – 25% discount for total delay from arrest to sentence of 5 years. An appropriate discount for delay always depends on the particular facts of each case.] NOOR EFFA NIRZA...
by syahirah.suhaili | Apr 24, 2019 | Court of Appeal of Brunei Darussalam
[Assault causing grievous harm: trial: unprovoked joint attack: use of metal bar: multiple injuries: sentence of 5 years and 5 strokes reduced to 4 years and 3 strokes: excessive and disproportionate to sentence on co-accused.] AMALI SYAHAM BIN MOHAMMAD v PUBLIC...
by syahirah.suhaili | Apr 23, 2019 | Court of Appeal of Brunei Darussalam
[Trafficking and smuggling illegal immigrants: pleas of guilty: degrees of participation and involvement: disparity of sentences: starting points of sentences varied: fines set aside as inappropriate: orders for forfeiture of vehicles (s.357(2)) require inquiry as to...
