by syahirah.suhaili | Nov 19, 2022 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[sentence-appeal allowed; gang robbery, contrary to s. 395 and s. 398, Penal Code and housebreaking at night, s. 457; appellant’s evidence for the prosecution accepted at trial of a co-accused who was sentenced to 15 years’ imprisonment; 50% discount from starting...
by syahirah.suhaili | Nov 19, 2022 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[Sentence: total of 4 years imprisonment upheld following guilty pleas to 2 offences contrary to s.457 (Penal Code) and 2 offences contrary to s.454. Strokes reduced from 6 to 2 to reflect the pleas of guilty and question of totality] MOHAMMAD ABDUL AZIM BIN HJ MD...
by syahirah.suhaili | Nov 12, 2022 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[Sentence, multiple housebreaking by night (s.457 Cap 22), 17 pleas of guilty. Planned professional criminal activity. Starting point of 15 years reduced to 13 years 6 months. Final sentence 9 years and 5 strokes] FERRY PENGIRAN v PUBLIC PROSECUTOR CM/15/2020 Decision...
by hafizzudin.jamaludin | Jul 7, 2021 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[Construction contract – arbitration clause – appeal allowed on the basis that there isno “dispute” as defined by the arbitration clause – stay for arbitration refused] PRO-BUILDER SDN BHD v ONG TIONG OH COACV/3/2020 Decision date: 7 July...
by syahirah.suhaili | Jun 30, 2021 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[sentence: time spent in custody prior to sentence to be taken into account save in exceptional circumstances – 18 months imprisonment for single car theft reduced to 12 months] KUA CHIN MIN v PUBLIC PROSECUTOR CM/16/2021 Decision date: 30 June...
by hardy.ukit | Jun 28, 2021 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[Equivocal pleas: need for interpreters in appropriate language of defendant; statutory minimum sentences; Public Prosecutor and Court to ensure unrepresented defendants understand fully effect of plea to offence carrying such sentences before plea is taken and...
