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:...
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;...
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...
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...
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...
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...