by hardy.ukit | Jul 14, 2025 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
Default judgment regularly obtained – Allowing appeal from Registrar, Judge set default judgment aside; O. 13, r.8 Test in law in Brunei for setting aside default judgment regularly obtained – without fettering Judge’s wide discretion and save very exceptionally, a...
by haziq.nordin | Jul 9, 2025 | Allowed, High Court of Brunei Darussalam, Ruling
[Criminal Case – Section 354 of Penal Code – Convicted – Sentence – Prosecution’s Appeal against Sentence – Allowed – Sentence Enhanced] Public Prosecutor v PENGIRAN YUNOS PENGIRAN DAMIT HACM/25/2024 Decision date: 9 Jul...
by syahirah.suhaili | Jun 23, 2025 | Allowed, High Court of Brunei Darussalam, Judgment
[Further and better particulars – amendment to quantum claimed – whether particulars of sums now claimed should be ordered – principles to be applied Rejoinder – now rarely granted leave – circumstances in which appropriate – whether court can order without an...
by hardy.ukit | Jun 20, 2025 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[Criminal Law – Housebreaking – Theft – Criminal trespass – Extensive antecedents comprising 18 previous convictions, including 11 theft-related offences – Individual sentences within established sentencing range – Offences...
by syahirah.suhaili | Jun 18, 2025 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[Criminal law – Rape – s. 376(2)(b), Penal Code, Cap. 22. Single charge. Victim under the age of 14 – Sentence – Judge erred in taking the maximum sentence of 30 years’ imprisonment as starting point and discounting sentence for plea of guilty by only one sixth, on...
by syahirah.suhaili | Jun 18, 2025 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[Criminal law – Theft in a protected place – Sentence] Abdul Malik Bin Mohmmad v Public Prosecutor CM/20/2024 Decision date: 18 June...