JUDGMENTS
Criminal Motion No. 29 of 2020
[Criminal law – Section 165 and section 34 of the Penal Code – sufficiency of evidence of source of money – meaning of common intention]
Decision date: 15 Mar 2022
Criminal Appeal No. 23 of 2021
[Criminal law – Contravening direction of Minister of Health prohibiting mass gatherings – Sentence]
Decision date: 10 Mar 2022
Criminal Motion No. 22 of 2021
[Criminal law — section 3(1) Motor Vehicle Insurance (Third Party Risk Act), Cap 90 — section 8(2) of the Road Traffic Act, Cap 68 — leave to appeal out of time allowed — payment of fine by monthly instalments — extension of time to pay fine]
Haswandy bin Osmadi v Public Prosecutor
CM/22/2021
Decision date: 29 Jan 2022
Criminal Appeal No. 31 of 2020
[Criminal law – Magistrates – Criminal Procedure Code Section 271; Section 284 – Appeal against acquittals – Criminal intimidation – Carrying offensive weapons in public places – Unrepresented accused; Section 220, Criminal Procedure Code, Cap 7; Section 221(5) – Failure to address adverse inference – Failure to take proper advantage of seeing and hearing the witness and to appreciate the weight of the evidence adduced – acquittals not sustainable and unsafe; Section 284(b) Criminal Procedure Code – Acquittals quashed and retrial ordered]
Decision date: 27 Jan 2022
Criminal Appeal No. 18 of 2021
[Criminal Law – consuming methylamphetomine – second offender – Probation and Community Service Order inappropriate – Appeal against Sentence – section 6(b) of the Misuse of Drugs Act, Cap 27 – Regulation 12(3)(a) of the Misuse of Drugs Regulations 1987]
Decision date: 19 Jan 2022
Criminal Motion No. 28 of 2021
[Criminal law – Theft of communication cable – Sentence]
Mohammad Jaidatul Fadillah Fadil Bin Haris Fadilah v Public Prosecutor
CM/28/2021
Decision date: 17 Jan 2022
Criminal Trial No. 8 of 2021
[Criminal law – one charge of rape under section 376(2)(b) Penal Code – tender age of 12 years – mild mental retardation – plead guilty – starting point of 30 years – sentence 25 years and 20 strokes of whipping]
Public Prosecutor v Md Shab Ali
HCCT/8/2021
Decision date: 28 Dec 2021
Criminal Motion No. 21 of 2021
[Criminal law – Bail Application]
Sheikh Mahmud Safwan bin Sheikh Walid v Public Prosecutor
CM/21/2021
Decision date: 15 Dec 2021
Criminal Appeal No. 19 of 2021
[Criminal law and procedure – No record of defendant admitting to the Statement of Facts – Conviction quashed – Retrial ordered]
Decision date: 9 Dec 2021
Criminal Motion No. 10 of 2021
[-]
Minnurul Azri Bin Hj Mohaini v Public Prosecutor
CM/10/2021
Decision date: 2 Dec 2021
Criminal Motion No. 39 of 2020
[Criminal law – Theft of cables from electrical substation – Mischief – Sentence – s.s.379, 462 and 427 of the Penal Code]
Mohammad Shahrul Bin Abdullah Teo@Teo Meng Chai v Public Prosecutor
CM/39/2020
Decision date: 16 Nov 2020
Criminal Appeal No. 7 of 2021
[Criminal law – Possession for trafficking of methylamphetamine – Sentence]
Decision date: 11 Nov 2021
Criminal Motion No. 33 of 2021
[-]
Shamsuddin Bin Mohammad v Public Prosecutor
CM/33/2021
Decision date: 20 Sep 2021
Criminal Appeal No. 15 of 2020
[Criminal Law – 14 charges against offences under section 420, 465 and 471 of Penal Code – pleaded not guilty – convicted and sentenced to a total of 60 months imprisonment – Compensation order under section 382(b) Criminal Procedure Code – in default 18 months to be served on top of 60 months imprisonment – appeal against sentence – allowed – reduced to 54 months – other orders to remain.]
Decision date: 2 Aug 2021
Criminal Appeal No. 16 of 2021
[Criminal law – Consumption of methylamphetamine – Second offender – Minimum sentence]
Decision date: 26 Jul 2021
Criminal Appeal No. 3 of 2021
[Criminal Law — whether drug rehabilitation order properly made — section 29(4) of the Misuse of Drugs Act]
Decision date: 14 Jul 2021
Criminal Trial No. 19 of 2021
[Criminal law – Sentence- theft of property- house-trespass with the intention to commit theftsection 451of the Penal Code-pretend to hold office of a public servant-section 170 of the Penal Code-theft of property-section 379 of the Penal Code- guilty pleas- Deterrent sentence. ]
Decision date: 8 July 2021
Civil Appeal No. 3 of 2020
[Construction contract – arbitration clause – appeal allowed on the basis that there is
no “dispute” as defined by the arbitration clause – stay for arbitration refused]
Decision date: 7 July 2021
Criminal Appeal No. 3 of 2020
[Crime – Multiple criminal breach of trust (s.405 Penal Code Cap.22) and money laundering (s.3(1)(a)(b)(c) Criminal Assets Recovery Order 2012) offences by two public servants (husband and wife) in Brunei Judiciary involving $15.75 million – Appeals against convictions on 25 charges (1st appellant) and 6 charges (2nd appellant) dismissed. Unsuccessful grounds included – test for recusal of trial judge – stay for abuse of process – good character direction – complaint that judge “entered the arena” – consideration of s.177(3) Evidence Act – s.34 Penal Code – ss 370, 371 Criminal Procedure Code, –
Sentence – Appeal by Public Prosecutor against sentences of 10 years imprisonment (1st appellant) and 5 years imprisonment (2nd appellant) allowed – trial judge’s order that all sentences be served concurrently wrong in principle – partly consecutive sentences substituted – 10 years increased to 15 years (1st appellant) and 5 years increased to 7 years 6 months (2nd appellant) – relevant considerations – multiple offences, public interest, multiple victims, amount of money misappropriated, time span of overall criminality (over 10 years), principle of totality, prosecution appeal discount applied. Public Prosecutor’s appeal against acquittals on two charges of money laundering by 2nd appellant dismissed.]
Decision date: 6 July 2021
Criminal Appeal No. 6 of 2020
[Crime – Multiple criminal breach of trust (s.405 Penal Code Cap.22) and money laundering (s.3(1)(a)(b)(c) Criminal Assets Recovery Order 2012) offences by two public servants (husband and wife) in Brunei Judiciary involving $15.75 million – Appeals against convictions on 25 charges (1 st appellant) and 6 charges (2nd appellant) dismissed. Unsuccessful grounds included – test for recusal of trial judge – stay for abuse of process – good character direction – complaint that judge “entered the arena” – consideration of s.177(3) Evidence Act – s.34 Penal Code – ss 370, 371 Criminal Procedure Code, –
Sentence – Appeal by Public Prosecutor against sentences of 10 years imprisonment (1st appellant) and 5 years imprisonment (2nd appellant) allowed – trial judge’s order that all sentences be served concurrently wrong in principle – partly consecutive sentences substituted – 10 years increased to 15 years (1 st appellant) and 5 years increased to 7 years 6 months (2nd appellant) – relevant considerations – multiple offences, public interest, multiple victims, amount of money misappropriated, time span of overall criminality (over 10 years), principle of totality, prosecution appeal discount applied.
Public Prosecutor’s appeal against acquittals on two charges of money laundering by 2nd appellant dismissed]
Decision date: 6 July 2021
Criminal Appeal No. 4 of 2020
[Crime – Multiple criminal breach of trust (s.405 Penal Code Cap.22) and money laundering (s.3(1)(a)(b)(c) Criminal Assets Recovery Order 2012) offences by two public servants (husband and wife) in Brunei Judiciary involving $15.75 million – Appeals against convictions on 25 charges (1 st appellant) and 6 charges (2nd appellant) dismissed. Unsuccessful grounds included – test for recusal of trial judge – stay for abuse of process – good character direction – complaint that judge “entered the arena” – consideration of s.177(3) Evidence Act – s.34 Penal Code – ss 370, 371 Criminal Procedure Code, –
Sentence – Appeal by Public Prosecutor against sentences of 10 years imprisonment (1st appellant) and 5 years imprisonment (2nd appellant) allowed – trial judge’s order that all sentences be served concurrently wrong in principle – partly consecutive sentences substituted – 10 years increased to 15 years (1 st appellant) and 5 years increased to 7 years 6 months (2nd appellant) – relevant considerations – multiple offences, public interest, multiple victims, amount of money misappropriated, time span of overall criminality (over 10 years), principle of totality, prosecution appeal discount applied.
Public Prosecutor’s appeal against acquittals on two charges of money laundering by 2nd appellant dismissed]
Decision date: 6 Jul 2021
Criminal Motion No. 20 of 2021
[Criminal law – Careless driving – Sentence]
Sumeiati Binti Sanip v Public Prosecutor
CM/20/2021
Decision date: 1 Jul 2021
Criminal Motion No. 16 of 2021
[sentence: time spent in custody prior to sentence to be taken into account save in exceptional circumstances – 18 months imprisonment for single car theft reduced to 12 months]
Decision date: 30 June 2021
Criminal Appeal No. 3 of 2021
[Equivocal pleas: need for interpreters in appropriate language of defendant; statutory minimum sentences; Public Prosecutor and Court to ensure unrepresented defendants understand fully effect of plea to offence carrying such sentences before plea is taken and before mitigation is invited; failure to do so and risk of unfair process; transcripts to record direct speech and not summaries]
Decision date: 28 June 2021
Criminal Appeal No. 17 of 2019
[Sentence-reduced discount of sentence for post-sentencing assistance to the authorities; giving evidence for the prosecution at the trial of two co-accused; evidence accepted in convicting one co-accused; hostile witness-s. 154 and 145, Evidence Act-oral evidence rejected in respect of the other co-accused]
Decision date: 23 June 2021
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