JUDGMENTS
Civil Suit No. 28 of 2022
[Appeal against refusal to strike out plaintiff’s claim – principles to be followed –relevance of evidence in such an application]
Hj Abdullah Bin Hj Metassim v Ho Guan Heng
HCCS/28/2022
Decision date: 4 June 2024
Civil Suit No. 28 of 2020
[Banking loan facility under Government scheme – period of validity – whether extended – whether breach by bank in not allowing drawdown – termination of facility]
AS-SYU’LAH SDN BHD v BANK ISLAM BRUNEI DARUSSALAM BERHAD
HCCS/28/2020
Decision date: 3 June 2024
Criminal Trial No. 16 of 2024
[Sentencing – offence under section 325 of the Penal Code, Cap 22 – voluntarily causing grievous hurt – hitting face, head and upper body – injury of bruising and swollen eyelid – left eye subconjunctival hemorrhage – bruise to anterior side of body –– plea of guilty – history of previous conviction.]
Decision date: 3 Jun 2024
Civil Suit No. 24 of 2019
[Personal Injuries – liability – employer’s duty or care – negligence – contributary negligence – quantum – damages]
Decision date: 30 May 2024
Criminal Motion No. 25 of 2023
[Bail application – leave to appeal out of time – application granted – defendants not deemed flights risk]
Decision date: 25 May 2024
Divorce Petition No. 6 of 2023
[Divorce – Ancillary Relief]
Mah Hui Hui v Yong Chen Wei
PET/6/2023
Decision date: 23 May 2024
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. 18 of 2024
[Offence under section 454 Penal Code – house-breaking in order to commit offence punishable with imprisonment – Section 34 Penal Code – Acts done by several persons in furtherance of common intention – Plead Guilty – Previous Conviction – Deterrence Sentence]
Decision date: 11 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
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