by syahirah.suhaili | Jun 7, 2021 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[Sentence – Outraging modesty, s.354 Penal Code CAP 22 – Serious breach of trust between victim (aged 11) and appellant (aged 60) – Maximum sentence only appropriate for the worst cases – Appellant entitled to one-third plea of guilty for early plea – Sentence of 4...
by syahirah.suhaili | Jun 7, 2021 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[Smuggling and trafficking of persons contrary to sections 13(1) and 7(1) of the relevant order (2004); Respective roles of conspirators involved for sentencing purposes; decision of Court of Appeal in Maiyadi bin Marzuki distinguished in respect of previous good...
by syahirah.suhaili | Jun 5, 2021 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[Trafficking and smuggling of Persons Order, 2004; defence of entrapment rejected; omission of mitigation in sentencing procedure; reduction of sentence; sentence to run from date of remand into custody.] DARI ANAK BILONG v PUBLIC PROSECUTOR CM/4/2020 Decision date: 5...
by syahirah.suhaili | May 26, 2021 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[Criminal law – Robbery – Child victim – Appellant above 50 years old – Sentence of whipping not to be executed.] Norazmi Bin Hj Tahir v Public Prosecutor COACM/8/2020 Decision date: 26 May...
by amir.amirudine | Apr 17, 2021 | Allowed, High Court of Brunei Darussalam, Judgment
[Criminal Law – Notice of Appeal for extension of grace period nearly 7 months out of time as a consequence of lack of funds -section 146(1)(d) Excise Order 2006 – two charges – possession of unexcised cigarettes – intoxicating liquor – time to...
by amir.amirudine | Mar 30, 2021 | Allowed, High Court of Brunei Darussalam, Ruling
[Criminal law – Sentence – Offender suffering from serious medical condition – Discretion of judicial mercy – Principles] Awang Rosli Bin Simon v Public Prosecutor CM/15/2021 Decision date: 31 Mar...
