JUDGMENTS
Criminal Trial No. 5 of 2023
[Criminal law – sentencing – section 2 of the Unlawful Carnal Knowledge Act CAP 29 – plea of guilty after commencement of trial]
Decision date: 22 May 2024
Civil Suit No. 32 of 2020
[Civil Procedure – application for setting aside judgement in default of appearance – application dismissed with cost ]
Decision date: 20 May 2024
Criminal Trial No. 5 of 2024
[Criminal Law – defendant charge for attempted rape u/s 376(1) Penal Code read with section 511 of the same and an alternative charge of outraging modesty u/s 354 Penal Code – plead guilty to alternative charge and DAA to rape charges – sentencing – example of worst case committed u/s 354 Penal Code – maximum sentence – no discount for guilty plea – public interest]
Decision date: 11 May 2024
Originating Motion No. 9 of 2023
[-]
Chong Kim Sang v Baiduri Bank Berhad
OM/9/2023
Decision date: 4 May 2024
Criminal Trial No. 33 of 2021
[Criminal – trial – Section 405 of the Penal Code – Section 409 of the Penal Code – Chapter 22 – public servant – Narcotics Control Bureau – Government Officer – criminal breach of trust – seized exhibits – cash – mobile phone – strong room – ongoing investigation – 6 years – reporting – investigating officer – dishonestly misappropriating – wrongful gain – wrongful loss – standard operating procedures – false]
Decision date: 29 Apr 2024
Criminal Appeal No. 1 of 2024
[Criminal Law – Section 146(1)(ia) Excise Order – Appeal against fine imposed – miscalculation of excise duty – appeal allowed]
Decision date: 16 Apr 2024
Criminal Appeal No. 20 of 2023
[Criminal Law – Section 34 Public Order Act – appeal against sentence and dismissal of Prosecution Cost – appeal dismissed]
Decision date: 8 Apr 2024
Civil Suit No. 69 of 2019
[Civil Law – Appeal – Reinstatement of the Plaintiff’s action under Order 21 rule 2 (10) of the Rules of the Supreme Court – adjourn sine die does not equate to a stay of proceeding]
Decision date: 16 Mar 2024
CRIMINAL TRIAL NO. 10 OF 2021
[Criminal Law – Section 302 Penal Code – Acquitted – Convicted under Section 304(1) Penal Code]
Public Prosecutor v Mohammad Helmi Bin Awg Serabah
HCCT/10/2021
Decision date: 28 Feb 2024
Criminal Trial No. 10 of 2021
[Criminal Law – Section 304(1) Penal Code – Maximum Sentence of life imprisonment]
Public Prosecutor v Mohammad Helmi Bin Awg Serabah
HCCT/10/2021
Decision date: 28 Feb 2024
Divorce Petition No. 49 of 2021
[Husband and wife – marriage dissolved – Matrimonial and non-Matrimonial assets – length of marriage – co-habitation and in relationship excluded – lump sum and others – fair and equitable ]
Maria Teresa Feril Wong v Wong Sung Yin
PET/49/2021
Decision date: 6 Feb 2024
Petition No. 49 of 2021
[Husband and wife – marriage dissolved – Matrimonial and non-Matrimonial assets – length of marriage – co-habitation and in relationship excluded – lump sum and others – fair and equitable ]
Maria Teresa Feril Wong v Wong Sung Yin
PET/49/2021
Decision date: 6 Feb 2024
Criminal Appeal No. 8 of 2023
[Sentence – breach of trust punishable under Section 406 of the Penal Code – appeal by Public Prosecutor on ground that sentence is manifestly inadequate – respondent absent – section 282(2) Criminal Procedure Code]
Decision date: 28 Dec 2023
Criminal Motion No. 20 of 2023
[Criminal law – Possession of methylamphetamine for the purpose of trafficking – Possession and consumption of methylamphetamine – Sentence]
Zailin Bin Haji Jimbol v Public Prosecutor
CM/20/2023
Decision date: 4 Dec 2023
Criminal Appeal No. 15 of 2021
[Criminal law – Incestuous rape and other sexual offences against two young daughters – Sentence ]
Decision date: 25 Nov 2023
Criminal Appeal No. 9 of 2023
[Criminal law – House-breaking – House-trespass – Sentence]
Decision date: 23 Nov 2023
Criminal Trial No. 21 of 2022
[Criminal Law: D3 and D5 only – gang robbery – ambush – theft of a gold necklace and $3000 cash – section 395 of the Penal Code, Cap 22 – plea of not guilty. ]
Decision date: 18 Nov 2023
Criminal Appeal No. 5 of 2023
[Sentence – 3 years and 6 strokes on a guilty plea to s.435(1) Penal code upheld – Probation not appropriate]
Decision date: 15 Nov 2023
Civil Suit No. 18 of 2019
[Civil Law – Negligence – earthworks and construction of retaining wall – obstruction of natural flow of water/existing earth drainage – adverse effect on neighboring lands – damages to land and other properties – Nuisance – claim for loss and damages – damages to properties and household items – constructions of concrete drain to repair existing earth drain –
repair works to landscape, plants and fish pond. ]
Date of Judgment: 2 Nov 2023
Civil Suit No. 55 of 2019
[Civil Law:
Claim – Wrongful termination – Allegation of dishonesty and mishandling of quotations – claim for loss
of income – loss of future earnings – damages for loss of reputation – damages for emotional
stress.
Counterclaim – Breach of implied terms of employment – claim for damages. ]
Date of Judgment: 24 Oct 2023
Criminal Appeal No. 16 of 2023
[Criminal Law – Appeal – Magistrate Decision to refuse bail – Offence under Section 3(1)(b) Criminal Asset Recovery Order (CARO) – Conspiracy under section 109 of the Penal Code – gravity of offences – foreign national – full and steady employment in Brunei – not a flight risk – appeal allowed – bail granted]
Decision date: 19 Oct 2023
Civil Suit No. 30 of 2018
[Solicitors’ professional indemnity insurance – whether statements in proposal form voided contract – consideration of what is meant by “may give rise to a claim”]
TAKAFUL BRUNEI AM SDN BHD v EVERSHEDS HEP (a firm) (formerly known as HEP LAW OFFICE), STANDARD INSURANCE LIMITED (Third Party)
HCCS/30/2018
Decision date: 18 Oct 2023
Criminal Trial No. 13 of 2023
[Criminal Law – Bail Application – Offence under Section 302 of the Penal Code, Cap 22 – punishable with death – Remanded since 31st July 2021 – Awaiting Department of Scientific Services analyst’s report – gravity of offences – strength of prosecution’s case – propensity of violence based on previous conviction – risk of absconding – public interest – application dismissed]
Public Prosecutor v Mohamed Abdul Malik Fazil bin Mohamed
HCCT/13/2023
Decision date: 12 Oct 2023
Civil Suit No. 42 of 2022
[Striking out – whether defendants have immunity from legal proceedings – whether enforceable contract between parties – illegality of contract]
IR. Dato Paduka Malai Ali Bin Malai Hj Othman (trading under the name and style of Perkhidmatan Perundingan dan Pengurusan Ilmu Alim) v Brunei Darussalam Central Bank (Previously known as Autoriti Monetari Brunei Darussalam), Yusof Bin Haji Abdul Rahman [sued in his capacity as the then Managing Director of the 1st Defendant, Dayang Hajah Rokiah Binti Haji Badar [sued in her capacity as the present Managing Director of the 1st Defendant]
HCCS/42/2022
Decision date: 9 Oct 2023
Civil Suit No. 61 of 2021
[Striking out of writ and statement of claim – principles to be followed – whether pleading shows a reasonable cause of action]
Decklite Access (B) Sdn Bhd, Decklite Australis Pty Ltd v Brunei LNG Sdn Bhd
HCCS/61/2021
Decision date: 5 Oct 2023
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