by hafizzudin.jamaludin | May 5, 2008 | Court of Appeal of Brunei Darussalam, Dismissed, Judgment
[Multiple rapes by a father of his two young daughters – overall sentence of 18 years and 12 strokes appropriate to reflect the criminality of the offences – appeal dismissed – conviction for attempted rape not supported by the facts – conviction quashed] J. Bin Hj J....
by hafizzudin.jamaludin | Dec 5, 2007 | Court of Appeal of Brunei Darussalam, Dismissed, Judgment
[Admissibility of cautioned statements: application of Judges Rules: allegations of impropriety must be supported by evidence at trial.] Othman Bin Abdullah v PUBLIC PROSECUTOR COACM/16/2004 Decision date: 5 Dec...
by syahirah.suhaili | Dec 4, 2007 | Court of Appeal of Brunei Darussalam, Dismissed, Judgment
[Assignment of future moneys due under contract – effective because made for consideration which passed, was expressed in present terms and was notified to debtor – against judicial manager who uses moneys to pay company debts – personal liability of judicial...
by syahirah.suhaili | Dec 3, 2007 | Allowed, Court of Appeal of Brunei Darussalam, Dismissed, Judgment
[Issue of Certificate of Practical Completion by architect under a concurrent contract held to be valid. Appeal allowed. Cost sent back to trial judge to decide damages issue. Appeal dismissed on a 2nd claim.] Pg Hj Tuah Bin Pg Hj Menudin (Puting), Pg Hj Damit Bin Pg...
by syahirah.suhaili | Dec 3, 2007 | Court of Appeal of Brunei Darussalam, Dismissed, Judgment
[Limitation of actions – accrued right under Limitation Act 1967 – 2004 amendments to Interpretation and General Clauses Act 1959 do not have the effect that Emergency (Limitation) Order 1991 took away existing right – application of Marsal v Apong [1998] 1 WLR 674 –...
by hafizzudin.jamaludin | Nov 24, 2007 | Court of Appeal of Brunei Darussalam, Dismissed, Judgment
[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...