JUDGMENTS
Criminal Appeal No. 10 of 2015
[Joint charge of people smuggling – the presumption under section 7 (2) of the Trafficking and People Smuggling Order 2004 engaged – neither appellant succeeded in rebutting the presumption. Appeals against conviction dismissed]
SHAHRIZAN BIN MUDANIN v PUBLIC PROSECUTOR
COACM/10/2015
Decision date: 26 Nov 2015
Criminal Appeal No. 17 of 2015
[multiple offences committed over 5 months of serious professional housebreaking and the like – 27-year-old appellant without previous convictions – Sentenced to a total of 8 years imprisonment and 4 strokes with starting point of 12 years. In the circumstances 12 years as starting point excessive. Starting point reduced to between 10 and 11 years. Sentence reduced to 7 years imprisonment with 3 strokes]
ABDUL FAIZ BIN ZAIDIN v PUBLIC PROSECUTOR
COACM/17/2015
Decision date: 25 Nov 2015
Criminal Appeal No. 25 of 2015
[-]
AK KHAIRUL HANIF BIN PG ROSLI v PUBLIC PROSECUTOR
COACM/25/2015
Decision date: 25 Nov 2015
Criminal Appeal No. 23 of 2015
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MOHAMMAD SHAHLAN BIN HAII CHUCHU v PUBLIC PROSECUTOR
COACM/23/2015
Decision date: 25 Nov 2015
Criminal Appeal No. 24 of 2015
[Consideration in two separate appeals of the appropriate starting points and the application of the totality principle in multiple offences of dishonesty]
MOHAMMAD ZUL – EQRAM BIN HJ ASMAD v PUBLIC PROSECUTOR
COACM/24/2015
Decision date: 25 Nov 2015
Criminal Appeal No. 15 of 2015
[Appeal against conviction and sentence, Appeltant sentenced to 21 years imprisonment and 15 strokes for possession of 48.39L1 grqmmes of Methylamphetamine for the purpose of trafficking contrary to s.3A Misuse of Drugs Act CAP 27. Proper application oflegal presumptions under ss 15, 16 and 19 of Misuse of Drugs Act considered. Sentence not manifestly excessive. Appeals dismissed]
AWG BESAR BIN AWANG SOKIAW v PUBLIC PROSECUTOR
COACM/15/2015
Decision date: 24 Nov 2015
Criminal Appeal No. 27 of 2015
[ Sentence – Theft from inside a place of worship contrary to s.380A Penal Code – Consideration of enhanced sentences for s.380A offences]
MD AFINDI BIN AG DAMIT v PUBLIC PROSECUTOR
COACM/27/2015
Decision date: 24 Nov 2015
Criminal Appeal No. 18 of 2015
[Sentence – Theft from inside a place of worship contrary to s.380A Penal Code – Consideration of enhanced sentences for s.380A offences]
MD AFINDI BIN AG DAMIT v PUBLIC PROSECUTOR
COACM/18/2015
Decision date: 24 Nov 2015
Criminal Appeal No. 22 of 2015
[Criminal – sentence – housebreaking with intent to commit theft – Section 451, Penal Code – Mischievous damage – Section 427, Penal Code – Bank premises entered and ATM machines damaged – Appeals against sentence dismissed]
SUKARDI BIN HAJI JAMAHAD v PUBLIC PROSECUTOR
COACM/22/2015
Decision date: 24 Nov 2015
Criminal Appeal No. 21 of 2015
[Criminal – sentence – housebreaking with intent to commit theft – Section 451, Penal Code – Mischievous damage – Section 427, Penal Code – Bank premises entered and ATM machines damaged – Appeals against sentence dismissed]
MOHAMMAD NOH BIN ZAINAL ABIDIN v PUBLIC PROSECUTOR
COACM/21/2015
Decision date: 24 Nov 2015
Criminal Appeal No. 21 of 2015
[Criminal – sentence – housebreaking with intent to commit theft – Section 451, Penal Code – Mischievous damage – Section 427, Penal Code – Bank premises entered and ATM machines damaged – Appeals against sentence dismissed]
MOHAMMAD NOH BIN ZAINAL ABIDIN v PUBLIC PROSECUTOR
COACM/21/2015
Decision date: 24 Nov 2015
Criminal Appeal No. 7 of 2015
[Sentencing guidelines for the importation of Cannabis, a class A drug, contrary to s.5 of the Misuse of Drugs Act CAP 27]
PUBLIC PROSECUTOR v BERNARD CHIN JUN TIN
COACM/7/2015
Decision date: 23 Nov 2015
ICCS No. 43 of 2015
[application for leave to appeal against refusal to order security for costs refused. Interlocutory application – Satellite litigation – Reluctance of Court of Appeal to grant leave in satellite litigation – Reasons considered]
HAJI AWG MOHD HUSSAINI BIN PP HJ AWG AHMAD v PONNUSAMY RAJAPANDIAN
COACV/43/2015
Decision date: 21 Nov 2015
Civil Appeal No. 5 of 2015
[application to strike out action against naval noncommissioned officers for alleged assault on recruit under training – Constitution, Articles 84 (b) (2) and 84C – Order 18 rule 18(1) and Order 86 rule 4 of Brunei Supreme Court Rules]
KPL MOHD KHAIRUL MUSADEY BIN MUSA, KPL SHAHLINNORDY BIN SIDUP, L/KPL FAIZAL BIN ABDULLAH, L/KPL PG ASMAN BIN PG TEJUDIN v MD HAMIZAN BIN SALIM
COACV/5/2015
Decision date: 19 Nov 2015
Civil Appeal No. 3 of 2015
[Appeal purely on fact – trite law that in order to succeed the appellant must demonstrate that the judge’s decision was plainly wrong. In this he failed and appeal dismissed. Cross appeal allowed for interest before judgment on the sum awarded]
CHIN WUI HENG v YONG SOK GENERAL
COACV/3/2015
Decision date: 17 Nov 2015
Criminal Appeal No. 8 of 2015
[3 years and 10 months imprisonment imposed after plea on 55 year old man without previous convictions for smuggling 7 people into Brunei with the intention of driving them through Brunei. Prosecutor’s appeal and Defendant’s appeal dismissed and sentence of imprisonment upheld. Under s.7(1) of the Trafficking and Property Smuggling Order 2004 a fine is mandatory. Appeal allowed on failure to impose a fine]
PUBLIC PROSECUTOR v IBERI SEBAL
COACM/8/2015
Decision date: 12 Nov 2015
Criminal Appeal No. 9 of 2015
[Crtminal – sentence -simple possession of 323.7864 grammes of cannabis – plea of guilty at first opportunity – cooperation with NCB after arrest – previous drug convictions no reason to refuse one third discount – proper starting point 9 years, reduced to 6]
JAINI BIN MOHAMMAD v PUBLIC PROSECUTOR
COACM/9/2015
Decision date: 12 Nov 2015
Civil Appeal No. 1 of 2015
THE LAW SOCIETY OF BRUNEI DARUSSALAM v AZRIL ANWAR BIN HJ AHMAD
COACV/1/2015
Decision date: 30 May 2015
Civil Appeal No. 10 of 2014
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CHUON TZU CONSTRUCTION COMPANY SDN BHD v HIAP GUAN SDN BHD
COACV/10/2014
Decision date: 28 May 2015
Civil Appeal No. 15 of 2014
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MICALAND v COMMISSIONER OF POLICE ROYAL BRUNEI POLICE FORCE
COACV/15/2014
Decision date: 28 May 2015
Criminal Appeal No. 5 of 2015
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MOHAMMAD ZUL ASNAWI BIN HJ ASMAD v PUBLIC PROSECUTOR
COACM/5/2015
Decision date: 25 May 2015
Criminal Appeal No. 3 of 2015
[Appeal against conviction under s.7(1) Trafficking and Smuggling Persons Order 2004. Meaning of ‘unlawful entry’ considered. Appeal dismissed. Cross Appeals by Public Prosecutor on Sentence. Consideration of “s.20 Penalties to be cumulative.” Appeal allowed. Additional fine imposed]
PUBLIC PROSECUTOR v ESMEDIADE BIN BUJANG (D1), SANAWADI BIN SANADDIN (D2)
COACM/3/2015
Decision date: 28 May 2015
Criminal Appeal No. 1 of 2015
[Appeal against conviction under s.7(1) Trafficking and Smuggling Persons Order 2004. Meaning of ‘unlawful entry’ considered. Appeal dismissed. Cross Appeals by Public Prosecutor on Sentence. Consideration of “s.20 Penalties to be cumulative.” Appeal allowed. Additional fine imposed]
ESMEDIADE BIN BUJANG v PUBLIC PROSECUTOR
COACM/1/2015
Decision date: 28 May 2015
Criminal Appeal No. 27 of 2014
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ABD AZIZ BIN HAJI ALI v PUBLIC PROSECUTOR
COACM/27/2014
Decision date: 25 May 2015
Criminal Appeal No. 16 of 2014
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HONG TECK HOCK v PUBLIC PROSECUTOR
COACM/16/2014
Decision date: 23 May 2015
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