JUDGMENTS
Criminal Motion No. 6 of 2018
[Offence of house trespass (s.451 Penal Code), three offences of theft of motor cars (s.379), two offences of displaying false registration plates (s.89(c)) and one offence of careless driving (s.29(1) of Road Traffic Act) – application for leave to appeal out of time refused – sentences of 12 months imprisonment for each offence of theft of motor cars to be consecutive to each other, of 24 months imprisonment for house trespass 12 months of which were to be consecutive to the sentences for theft making 4 years in total after discount – fines totaling $5,000 for other offences with 5 months imprisonment in default to be consecutive – sentences not wrong in principle or excessive]
ROSAZLI BIN HAJI METASSAN v PUBLIC PROSECUTOR
CM/6/2018
Decision date: 1 May 2018
Criminal Appeal No. 1 of 2018, Criminal Appeal No. 23 of 2017
[Sentence – s.3(A) and s.6(b) of the Misuse of Drugs Act CAP 27. Discount for delay in bringing the proceedings to a conclusion. Guideline case of Roslan considered and applied]
PG MAZLAN BIN PG HJ MD YASSIN v PUBLIC PROSECUTOR, AWANG DULAMIT BIN AWANG TAIM v PUBLIC PROSECUTOR
COACM/1/2018, COACM/23/2017
Decision date: 1 May 2018
Criminal Appeal No. 6 of 2018
[Public Prosecutor’s appeal against a 2 years sentence after a plea of guilty to one s.408 CAP 22 offence. Not manifestly inadequate – appeal dismissed]
NORHANISAH BINTI HJ MD NOR v PUBLIC PROSECUTOR
COACM/6/2018
Decision date: 25 April 2018
Criminal Appeal No. 21 of 2017
[5 similar offences of trespass and theft. Substantial quantity of aluminium stolen and sold for about $720. Early pleas. 30 years old man with clear record who became unemployed through illness 4 years earlier. Starting point of 6 years manifestly high. No more than 5 years appropriate. Total sentence reduced from 4 years to 3 years imprisonment]
MUHAMMAD RABILLAH SUHARDEY BIN MUKSIN v PUBLIC PROSECUTOR
COACM/21/2017
Decision date: 16 April 2018
Civil Appeal No. 4 of 2017
HAPPY MOTORING CO SDN BHD v WONG HEE SING @ BIBIANA WONG
COACV/4/2017
Decision date: 29 Nov 2017
Civil Appeal No. 4 of 2017
[Sale of car. Defects arose. Damages awarded under Sale of Goods Act and for negligence. Appeal allowed on quantum of special and general damages. Awards of aggravated and punitive damages ought not to have been made. Damages reduced. Counterclaim in defamation. No evidence to support a defence of justification in respect of one statement. Appeal allowed. Retrial before a different judge.]
HAPPY MOTORING CO SDN BHD v WONG HEE SING @ BIBIANA WONG
COACV/4/2017
Decision date: 29 Nov 2017
Civil Appeal No. 8 of 2017
HAJAH LATIPAH BINTI SHEIKH HAJI YAHYA DAN HAJI ABDULLAH BIN HAJI SHEIKH YAHYA v HAJI ABD KHALID BIN SHEIKH HAJI YAHYA DAN HAJI SAID BIN HAJI SHEIKH YAHYA
COACV/8/2017
Decision date: 27 Nov 2017
Civil Appeal No. 7 of 2017
[Civil law, appeal against a judgment for money owed; judgment below inevitable in view of findings of fact on uncontradicted evidence; appeal dismissed with costs to respondent.]
HAJI MD HARIS BIN HAJI OMAR v STAR PUBLISHING PTE LTD
COACV/7/2017
Decision date: 27 Nov 2017
Criminal Appeal No. 16 of 2017
[Sentence – dishonest retention of stolen goods contrary to s411 Penal Code CAP 22. Appropriate discount for plea of guilty considered]
JOCELYN LIM SIOW FAN v PUBLIC PROSECUTOR
COACM/16/2017
Decision date: 23 Nov 2017
Criminal Appeal No. 13 of 2017
[Criminal law – Sentence – s.409 CAP 22 breach of trust. Sentence reduced because of 3 years delay in prosecution. 18 months imprisonment upheld]
MATNOR BIN HAJI PAWEH v PUBLIC PROSECUTOR
COACM/13/2017
Decision date: 22 Nov 2017
Criminal Appeal No. 6 of 2017
[Criminal law –Appeal against two convictions of keeping a brothel and one people smuggling. Appeal dismissed]
FRANCIS VIBAN BAYONG v PUBLIC PROSECUTOR
COACM/6/2017
Decision date: 22 Nov 2017
Criminal Appeal No. 5 of 2017
[Criminal law, sentence, housebreaking, theft, mischief (fire) and mischief (damage) overall sentence reduced from 5 years 5 months and 8 strokes to 4 years 8 months and 6 strokes]
MOHAMED ABDUL MALIK FAZIL BIN MOHAMMED v PUBLIC PROSECUTOR
COACM/5/2017
Decision date: 22 Nov 2017
Civil Appeal No. 8 of 2017
[Appeal from a refusal to grant an amendment to a consent Summons relating to a family dispute over the ownership of land. Appeal allowed]
HAJAH LATIPAH BINTI SHEIKH HAJI YAHYA DAN HAJI ABDULLAH BIN HAJI SHEIKH YAHYA v HAJI ABD KHALID BIN SHEIKH HAJI YAHYA DAN HAJI SAID BIN HAJI SHEIKH YAHYA
COACV/8/2017
Decision date: 21 Nov 2017
Criminal Appeal No. 15 of 2017
[Criminal law, sentence, appeal by prosecutor, misappropriation of $4,802.00, whether sentence of 12 months imprisonment, manifestly inadequate. Appeal dismissed]
PUBLIC PROSECUTOR v YAHYA/YAHAYA BIN HAJI BUDIN
COACM/15/2016
Decision date: 21 Nov 2017
Criminal Appeal No. 11 of 2017
[Criminal law, sentence, section 7 (1) of the Trafficking and Smuggling of Persons Order 2004, on the facts 6 Years imprisonment and fine of $5,000.00 after trial not excessive]
SIDEK BIN MANJARAF v PUBLIC PROSECUTOR
COACM/11/2017
Decision date: 16 Nov 2017
Criminal Appeal No. 12 of 2017
[Criminal Law, sentence- 2 offences of dishonestly appropriating property – s409 Penal Code – total sum $6,058.21 with partial restitution – concurrent sentences of 6 months increased to 12 months concurrent]
PG HIDAYATULLAH BIN PG HJ KULA v PUBLIC PROSECUTOR
COACM/12/2017
Decision date: 13 Nov 2017
Criminal Appeal No. 9 of 2017
[Sentence – Multiple offences of using forged Bankcards by 5 Chinese nationals at Brunei ATM machines. In two cases sentences of 13 years and 10 years after pleas of guilty manifestly excessive and reduced to 7 years and 6 years respectively. In a third case 6 years reduced to 5 years]
ZHONG JIAN YUN v PUBLIC PROSECUTOR
COACM/9/2017
Decision date: 7 Nov 2017
Criminal Appeal No. 7 of 2017
[Sentence – Housebreaking into Royal property and theft of valuable items by a serving Police officer whilst on guard duty at the Royal property, 15 charges in all. 12 years imprisonment and 2 strokes upheld after a plea of guilty]
MUHAMMAD DENNIE ESWANDI BIN SABAN v PUBLIC PROSECUTOR
COACM/7/2017
Decision date: 6 Nov 2017
Civil Appeal No. 3 of 2017
[Order 14 judgment for part of claim and interim payment granted by the registrar. The judge dismissed an appeal against the orders. The appeal against the judge’s order dismissed. No bone fide defence demonstrated.]
NGUI SZE CHIAT v KAMILA CONSTRUCTION SDN BHD
COACV/3/2017
Decision date: 22 May 2017
Criminal Appeal No. 1 of 2017
[Sentence: whipping – court’s “discretion” provided by S.260 CAP 7 applies to the provisions of S.259 only. It does not apply to the provisions of S.258]
AHMAD RAMADHAN BIN HJ MUHTADIN v PUBLIC PROSECUTOR
COACM/1/2017
Decision date: 18 May 2017
Criminal Appeal No. 27 of 2016
[Appeal against conviction for breach of trust offence, s. 419 of the Penal code, and against sentence, dismissed]
PUBLIC PROSECUTOR v SHAHRUL RIZAM BIN HAJI RAMLEE
COACM/27/2016
Decision date: 18 May 2017
Criminal Appeal No. 25 of 2016
[Appeal against conviction for breach of trust offence, s. 419 of the Penal code, and against sentence, dismissed]
SHAHRUL RIZAM BIN HAJI RAMLEE v PUBLIC PROSECUTOR
COACM/25/2016
Decision date: 18 May 2017
Criminal Appeal No.26 of 2016
[Determination of point of law under section 291A of the Criminal Procedure Code. Charges under section 6 (a) of the Prevention of Corruption Act and section165 of the Penal Code based on the same factual evidence may be tried together as the charges require the proof of different elements. The jurisdiction of Court of Appeal under the section]
PUAH HENG YEW v PUBLIC PROSECUTOR
COACM/26/2016
Decision date: 17 May 2017
Civil Appeal No. 9 of 2017
[Joint Venture Agreement – Temporary Occupation Licence revocable without notice for breach of any condition or term – breach of Joint Venture condition replicating condition of Temporary Occupation licence justification for repudiation of contract – condition not a warranty. Temporary Occupation Licence cannot create any right or tenancy over land]
HASRAT TEGUH SDN BHD v WATI BINTI HAJI BUJANG
COACV/9/2017
Decision date: 12 May 2018
Criminal Appeal No. 3 of 2017
[Corruption: Sentence – 6 years imprisonment upheld – appellant employed by Brunei Shell Petroleum. Consecutive terms of imprisonment for default of payment of restitution and prosecution costs approved]
SALEHIN BIN HJ MARSAL v PUBLIC PROSECUTOR
COACM/3/2017
Decision date: 3 May 2017
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