JUDGMENTS
Criminal Motion No. 29 of 2018
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MOHAMMAD SAIFUL ZAKY BIN HAJI SIMPOL v PUBLIC PROSECUTOR
COACM/29/2018
Decision date: 15 Nov 2018
Criminal Motion No. 38 of 2018
[Sentence-the applicant pleaded guilty to three charge: 1st charge, outraging the modesty of his step-daughter, aged 13 to 14 years, contrary to section 354B of the Penal Code (3 years imprisonment); 2nd charge, observing and video recording his naked 16 year-old step daughter in her bedroom in the family home as she dressed following bathing, contrary to section 377H of the Penal Code (8 months imprisonment, consecutive to the 1st charge); and 3rd charge , consumption of Methylamphetamine, contrary to section 6 (b) of the Misuse of Drugs Act ($1,500 fine- payment forthwith, 3 months’ imprisonment in default.
Appeal against sentence allowed: 2nd charge, the sentence of 8 months’ imprisonment was quashed and a sentence of 4 months’ imprisonment substituted, to be served consecutively to the sentence imposed on the 1st charge; the Court regretted the destruction by the prosecution of the recording and all copies prior to the hearing, albeit
pursuant to an order of the judge sought by the prosecution; 3rd charge, the judge having made no enquiries as to the applicant’s means, the Court quashed the order that in default of payment of the fine, the applicant serve a sentence of 3 months imprisonment, to be served consecutively to the other sentences.]
MOHAMMAD HAIREY BIN HAJI KAMIS v PUBLIC PROSECUTOR
COACM/38/2018
Decision date: 15 Nov 2018
Criminal Appeal No. 10 of 2018
[Conviction-the judge was entitled to choose between the conflicting evidence of the two psychiatric expert witnesses and had given adequate reasons for doing so.
Sentence-appeal allowed. The judge erred in sentencing in not giving effect to his finding that the appellant’s schizophrenic illness played a substantial causal contributory link to the commission of the offences. The Court of Appeal sentenced afresh: a discount of about one-third was afforded to the victim from the appropriate sentences. The sentence of 1½ years’ imprisonment imposed for the abuse that led to the disfigurement of the victim’s left breast, by the removal of the nipple, was inadequate and the appropriate sentence was 30 months imprisonment. The total sentence imposed on the appellant was 4 years’ imprisonment]
SITI ATIQAH BINTI MD RADUAN v PUBLIC PROSECUTOR
CA/10/2018
Decision date: 15 Nov 2018
Criminal Appeal No. 15 of 2018
[Sentence-appeal against a sentence of 6 years’ imprisonment on a plea of guilty to an offence of arson in a commercial building, contrary to section 435 (1) (c) of the Penal Code, Cap. 22 dismissed. The offence was pre-planned by the appellant, a 57-year-old man with no previous convictions. Having driven in his motorcar to the premises from his home in the early hours of the morning, the appellant started the fire with a bottle of kerosene, which he ignited as a revenge attack against the owners of a neighbouring vendors Booth. Then, he left the premises and returned home in his motorcar. Over one hundred persons were evacuated from adjoining domestic premises. The damage to the premises was very extensive, the estimated cost of repair of which was $134,800]
HAJI AHMAD BIN HAJI TAMIN v PUBLIC PROSECUTOR
COACM/15/2018
Decision date: 14 Nov 2018
Criminal Motion No. 26 of 2018
[Sentence – appeal allowed; pleas of guilty, overall sentence of 16 years’ imprisonment for four counts of rape of his 16 years old daughter reduced to 14 years and 8 months’ imprisonment]
HJ R. BIN HJ N. v PUBLIC PROSECUTOR
COACM/26/2018
Decision date: 14 Nov 2018
Criminal Motion No. 14 of 2018
[Consideration of previous convictions as aggravating factors where relevant to sentence for current offence(s)]
JOHARI BIN HAJI JAYA v PUBLIC PROSECUTOR
COACM/14/2018
Decision date: 14 Nov 2018
Criminal Appeal No. 15 of 2018
[Sentence-appeal against a sentence of 6 years’ imprisonment on a plea of guilty to an offence of arson in a commercial building, contrary to section 435 (1) (c) of the Penal Code, Cap. 22 dismissed. The offence was pre-planned by the appellant, a 57-year-old man with no previous convictions. Having driven in his motorcar to the premises from his home in the early hours of the morning, the appellant started the fire with a bottle of kerosene, which he ignited as a revenge attack against the owners of a neighbouring vendors Booth. Then, he left the premises and returned home in his motorcar. Over one hundred persons were evacuated from adjoining domestic premises. The damage to the premises was very extensive, the estimated cost of repair of which was $134,800]
HAJI AHMAD BIN HAJI TAMIN v PUBLIC PROSECUTOR
CA/15/2018
Decision date: 14 Nov 2018
Criminal Motion No. 43 of 2018
[Sentence – Serious case of gang robbery contrary to s.391of the Penal Code – Prolonged violence used – 8 years imprisonment and 12 strokes not manifestly excessive – Sentence upheld]
MOHAMMAD FIRDAUS BIN ABU BAKAR v PUBLIC PROSECUTOR
COACM/43/2018
Decision date: 13 Nov 2018
Criminal Motion No. 39 of 2018
[Court of Appeal has no jurisdiction to hear appeals from High Court against refusal of bail. High Court is not inferior or lower court. Court of Appeal and High Court are both part of Supreme Court of Brunei Darussalam]
MOHD FAIZAL BIN ROSLI v PUBLIC PROSECUTOR
COACM/39/2018
Decision date: 8 Nov 2018
Criminal Motion No. 45 of 2018
[Court of Appeal has no jurisdiction to hear appeals from High Court against refusal of bail. High Court is not inferior or lower court. Court of Appeal and High Court are both part of Supreme Court of Brunei Darussalam]
MOHD FAIZAL BIN ROSLI v PUBLIC PROSECUTOR
COACM/45/2018
Decision date: 8 Nov 2018
Criminal Appeal No. 14 of 2018
[ Sentence – 3 years proper starting point for s.451 housebreaking with intent to commit theft. No discount following conviction after trial]
MOHAMMAD BIN YUSOF v PUBLIC PROSECUTOR
COACM/14/2018
Decision date: 8 Nov 2018
Criminal Appeal No. 14 of 2018
[Sentence – 3 years proper starting point for s.451 housebreaking with intent to commit theft. No discount following conviction after trial.]
MOHAMMAD BIN YUSOF v PUBLIC PROSECUTOR
CA/14/2018
Decision date: 8 Nov 2018
Criminal Motion No. 37 of 2018
[Sentence – 3 offences of housebreaking by night contrary to s.457 of the Penal Code. Valuable property stolen – 4 years and 2 strokes not manifestly excessive following pleas of guilty]
MOHD AZWAN BIN IBRAHIM v PUBLIC PROSECUTOR
COACM/37/2018
Decision date: 7 Nov 2018
Criminal Appeal No. 9 of 2018
[Sentence-party to the forgery and use of 8 cheques, to a total value of $37,779, over a period of about 3 months, contrary to s.471 of the Penal Code, Cap. 22. Otherwise appropriate sentences of 24 months’ imprisonment on each charge, discounted by 3 months’ imprisonment to reflect unjustified delay of over 2 ½ years in bringing the appellant before the court]
RUHAYA BINTI MOHD RAZALI v PUBLIC PROSECUTOR
COACM/9/2018
Decision date: 1 Nov 2018
Criminal Appeal No. 9 of 2018
[Sentence-party to the forgery and use of 8 cheques, to a total value of $37,779, over a period of about 3 months, contrary to s.471 of the Penal Code, Cap. 22. Otherwise appropriate sentences of 24 months’ imprisonment on each charge, discounted by 3 months’ imprisonment to reflect unjustified delay of over 2 ½ years in bringing the appellant before the court]
RUHAYA BINTI MOHD RAZALI v PUBLIC PROSECUTOR
CA/9/2018
Decision date: 1 Nov 2018
Civil Appeal No. 1 of 2018
[Issue concerning Beneficial ownership of land – whether the beneficial ownership had passed to the registered owner. Purely a question of fact decided by the judge on oral evidence and the absence of contemporaneous record. Appeal purely on fact dismissed.]
KOH HAN KIONG v HUA CHAN NAM
COACV/1/2018
Decision date: 12 May 2018
Civil Appeal No. 5 of 2018
INDIAN CHAMBERS OF COMMERCE OF BRUNEI DARUSSALAM & 24 OTHERS v RAMESH JIWATRAM BHAWNANI ABDUL HAMID BIN ABAS
COACV/5/2018
Decision date: 12 May 2018
Criminal Appeal No. 14 of 2017
[Appeal against conviction and sentence – s.377 Penal Code CAP 22 Carnal Knowledge against law of nature – s.354 Penal Code CAP 22 outraging modesty – Total sentence of 7 years and 3 strokes upheld – Convictions upheld on application of proviso s.415(2) Criminal Procedure Code – s.134A Evidence Act CAP 108 considered – part of clinical psychologist’s report relating to credibility of a witness inadmissible]
AJIMAN BIN HAJI MOMIN v PUBLIC PROSECUTOR
COACM/14/2017
Decision date: 10 May 2018
Criminal Appeal No. 7 of 2018
[Appeal against convictions and sentence – Kidnapping (Penal Code s.363) and outraging modesty of 11 year old girl (Penal Code s.354) – Appeal against convictions dismissed – Sentences of 18 months and 9 months imprisonment made concurrent – admissibility of evidence of pornographic images on appellant’s mobile phone considered]
PG SHAHIRUL HAMADI BIN PG HJ JAYA v PUBLIC PROSECUTOR
COACM/7/2018
Decision date: 10 May 2018
Criminal Motion No. 35 of 2017, Criminal Motion No. 36 of 2017, Criminal Motion No. 37 of 2017Criminal Motion No. 38 of 2017, Criminal Motion No. 39 of 2017
[Sentence for gang robbery (s.395 of CAP22) reduced after plea from 10 years and 12 strokes to 5 years and 4 months with 12 strokes – totality considered – multiple offences]
TA DUC CUONG v PUBLIC PROSECUTOR, TA DUC HAI v PUBLIC PROSECUTOR, TA DUC QUYET v PUBLIC PROSECUTOR, NGUYEN TAM QUY v PUBLIC PROSECUTOR, PHAN DUC LUC v PUBLIC PROSECUTOR
CM/35/2017, CM/36/2017, CM/37/2017, CM/38/2017, CM/39/2017
Decision date: 8 May 2018
Criminal Appeal No. 2 of 2018
[Appeal against conviction and sentence – s.363 Penal code CAP 22 kidnapping a 10 year old girl – s.354 Penal Code CAP 22 outraging modesty of same girl – sentenced to 4 years and 3 years imprisonment respectively – appeal against s.354 offence upheld – corroboration pursuant to s.133A Evidence Act CAP 108 required – part of clinical psychologist’s evidence concerning credibility and reliability of witness inadmissible – conviction and sentence quashed – Appeal against s.363 conviction dismissed – sentence reduced from 4 years to 9 months due to the absence
of the outraging modesty element]
BRAHIM BIN HAJI KASSIM v PUBLIC PROSECUTOR
COACM/2/2018
Decision date: 8 May 2018
Criminal Motion No. 2 of 2018, Criminal Motion No. 3 of 2018
[Leave to appeal against sentence granted in both cases. Multiple offences of housebreaking by night, housebreaking and theft in a dwelling together with immigration offences. Appeals allowed. Karnawi’s sentence of 8 years and 11 months imprisonment with 7 strokes together with a fine of $400 with 2 months in default reduced to a total of 6 years imprisonment with 4 strokes and the fine. Krisanto’s sentence of 10 years and 4 months imprisonment with 9 strokes reduced to 7 years imprisonment with 5 strokes]
KRISTANTO v PUBLIC PROSECUTOR, KARNAWI v PUBLIC PROSECUTOR
CM/2/2018, CM/3/2018
Decision date: 3 May 2018
Criminal Appeal No. 3 of 2018
[Sentence – s376(1) and (2) CAP22 rape by father on daughter aged 19-22 – sentence of 15 years after plea reduced to 13 years – totality considered – s376(5) CAP 22 applied – mandatory provision – 2 months imprisonment added in lieu of whipping, appellant aged over 50]
MUHAMMAD HAMDI BIN ABDULLAH v PUBLIC PROSECUTOR
COACM/3/2018
Decision date: 2 May 2018
Criminal Appeal No. 20 of 2017
[Offences of outraging modesty of daughters [s.354B of Penal Code]over period in excess of two years – equivocal plea argument rejected – two offences charged – consecutive terms of 3 years and 2 strokes totaling 6 years and 4 strokes after discount applied for pleas of guilty – gross abuse of trust – sentences not manifestly excessive.]
PG SHAMRI BIN PG HAJI METUSSIN v PUBLIC PROSECUTOR
COACM/20/2017
Decision date: 2 May 2018
Criminal Appeal No. 4 of 2018
[Sentence – s376(1) and (2) CAP22 rape by father on daughter aged 19-22 – sentence of 15 years after plea reduced to 13 years – totality considered – s376(5) CAP 22 applied – mandatory provision – 2 months imprisonment added in lieu of whipping, appellant aged over 50]
MUHAMMAD HAMDI BIN ABDULLAH v PUBLIC PROSECUTOR
COACM/4/2018
Decision date: 2 May 2018
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