by azizi.kamarudjaman | May 3, 2018 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[Leave to appeal against sentence granted in both cases. Multiple offences of housebreaking by night, housebreaking and theft in a dwelling together with immigration offences. Appeals allowed. Karnawi’s sentence of 8 years and 11 months imprisonment with 7 strokes...
by azizi.kamarudjaman | May 2, 2018 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[Sentence – s376(1) and (2) CAP22 rape by father on daughter aged 19-22 – sentence of 15 years after plea reduced to 13 years – totality considered – s376(5) CAP 22 applied – mandatory provision – 2 months imprisonment added in lieu of whipping, appellant aged...
by azizi.kamarudjaman | May 2, 2018 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[Sentence – s376(1) and (2) CAP22 rape by father on daughter aged 19-22 – sentence of 15 years after plea reduced to 13 years – totality considered – s376(5) CAP 22 applied – mandatory provision – 2 months imprisonment added in lieu of whipping, appellant aged...
by hardy.ukit | May 1, 2018 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[Sentence – s.3(A) and s.6(b) of the Misuse of Drugs Act CAP 27. Discount for delay in bringing the proceedings to a conclusion. Guideline case of Roslan considered and applied] AWANG DULAMIT BIN AWANG TAIM v PUBLIC PROSECUTOR COACM/23/2017 Decision date: 1 May...
by azizi.kamarudjaman | Apr 16, 2018 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[5 similar offences of trespass and theft. Substantial quantity of aluminium stolen and sold for about $720. Early pleas. 30 years old man with clear record who became unemployed through illness 4 years earlier. Starting point of 6 years manifestly high. No more than...
by azizi.kamarudjaman | Nov 29, 2017 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[Sale of car. Defects arose. Damages awarded under Sale of Goods Act and for negligence. Appeal allowed on quantum of special and general damages. Awards of aggravated and punitive damages ought not to have been made. Damages reduced. Counterclaim in defamation. No...