by syahirah.suhaili | Nov 26, 2007 | Court of Appeal of Brunei Darussalam
[Appeal against 0.14 grant of Summary Judgment; Refusal to allow ad hoc admission of English Queen’s Counsel; Appeal against that decision – Held: Decision wrong in so far as it took into account skill and qualifications of local counsel. Decision reverse on...
by hafizzudin.jamaludin | Nov 24, 2007 | Court of Appeal of Brunei Darussalam
[Appeal against decision by judge holding Notice of Motion was incorrect procedure in an application to recuse in course of criminal trial. Held – Jurisdiction of Court of Appeal is governed by Cap 44 and 45 of Criminal Procedure Code and an appeal in a criminal...
by hafizzudin.jamaludin | Nov 15, 2007 | Court of Appeal of Brunei Darussalam
[Appeal against conviction for two rapes of 13 year old daughter –credibility issue resolved in favour of daughter- appeal dismissed. Appeal against total sentence of 20 years and 15 strokes concurrent with earlier sentence of 10 ½ years for 7 offences of using...
by hafizzudin.jamaludin | Nov 15, 2007 | Court of Appeal of Brunei Darussalam
[Housebreaking and theft – appropriate approach to sentencing for multiple offences and application of totality principle] Mohammad Joll Bin Tumih (D1), Mohammad Sharifuddin Bin Abdullah (D2) v PUBLIC PROSECUTOR COACM/5/2005 Decision date: 15 Nov...
by hafizzudin.jamaludin | Nov 12, 2007 | Court of Appeal of Brunei Darussalam
[Long delay partly due to negotiations which resulted in the Public Prosecutor dropping some charges and preferring a lesser charge to which the Appellant pleaded guilty. Not a late plea in the circumstances. Delay of over 4 years not Appellant’s fault. Appellant...
by hafizzudin.jamaludin | Nov 10, 2007 | Court of Appeal of Brunei Darussalam
[Sentence – 4 housebreaking and 1 retaining property – guilty pleas – 4 years not manifestly inadequate or manifestly excessive – appeals dismissed] PUBLIC PROSECUTOR vWu Zhongping (A1), He Xiongbing (A2) COACM/12/2007 Decision date: 10 Nov...