by syahirah.suhaili | Jun 7, 2021 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[Sentence – Outraging modesty, s.354 Penal Code CAP 22 – Serious breach of trust between victim (aged 11) and appellant (aged 60) – Maximum sentence only appropriate for the worst cases – Appellant entitled to one-third plea of guilty for early plea – Sentence of 4...
by syahirah.suhaili | Jun 7, 2021 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[Smuggling and trafficking of persons contrary to sections 13(1) and 7(1) of the relevant order (2004); Respective roles of conspirators involved for sentencing purposes; decision of Court of Appeal in Maiyadi bin Marzuki distinguished in respect of previous good...
by syahirah.suhaili | Jun 5, 2021 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[Trafficking and smuggling of Persons Order, 2004; defence of entrapment rejected; omission of mitigation in sentencing procedure; reduction of sentence; sentence to run from date of remand into custody.] DARI ANAK BILONG v PUBLIC PROSECUTOR CM/4/2020 Decision date: 5...
by syahirah.suhaili | May 26, 2021 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[Criminal law – Robbery – Child victim – Appellant above 50 years old – Sentence of whipping not to be executed.] Norazmi Bin Hj Tahir v Public Prosecutor COACM/8/2020 Decision date: 26 May...
by yura.yussop | Feb 26, 2021 | Allowed, High Court of Brunei Darussalam, Judgment
Claim for unjust enrichment for costs and expenses of construction work – counterclaim for overpayment and additional costs attributable to unsatisfactory work – lack of clarity and precision in pleadings – whether the pleaded claims have been established on the...
by azizi.kamarudjaman | Nov 27, 2019 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[Sentence: Additional discount appropriate where defendant assists the prosecution in bringing other offenders to justice whether before or after his own sentence. The appropriate range of discounts considered. In the present appeal a further 6 months reduction in...
