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Criminal Appeal No. 8 of 2019

by haziq.nordin | May 15, 2019 | Allowed, High Court of Brunei Darussalam, Judgment

[Criminal Law — Appeal against sentence — theft by employee — section 381 of the Penal Code — guilty plea —money not recovered —Appropriate sentence] PUBLIC PROSECUTOR v MOHD HAIROL HUSNE BIN HJ ZAKARIAH HACM/8/2019 Decision date:...

Criminal Motion No. 1 of 2019

by syahirah.suhaili | May 1, 2019 | Allowed, Court of Appeal of Brunei Darussalam, Judgment

[conviction. Trial part-heard before a judge; the use of evidence in the trial before a second judge- section 29 of the Intermediate Court Act. Ruling against the prosecution application to use that evidence, in face of the opposition of the represented applicant;...

Criminal Motion No. 63 of 2018

by syahirah.suhaili | Apr 30, 2019 | Allowed, Court of Appeal of Brunei Darussalam, Judgment

[Sentence-total sentence of 4 years and 8 months’ imprisonment with two strokes imposed after pleas of guilty to 5 charges, including two charges of housebreaking, contrary to section 454, entirely appropriate. Discount of 4 months’ imprisonment for assistance to the...

Criminal Motion No. 7 of 2019

by syahirah.suhaili | Apr 24, 2019 | Allowed, Court of Appeal of Brunei Darussalam, Judgment

[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...

Criminal Appeal No. 24 of 2018

by syahirah.suhaili | Apr 23, 2019 | Allowed, Court of Appeal of Brunei Darussalam, Judgment

[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...

Criminal Motion No. 3 of 2019

by hardy.ukit | Apr 23, 2019 | Allowed, Court of Appeal of Brunei Darussalam, Judgment

[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...
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