JUDGMENTS
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.]
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]
Decision date: 2 May 2018
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]
Decision date: 1 May 2018
Criminal Appeal No. 1 of 2018
[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]
Decision date: 1 May 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]
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]
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]
Decision date: 16 April 2018
Civil Appeal No. 4 of 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.]
Decision date: 29 Nov 2017
Civil Appeal No. 8 of 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.]
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]
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]
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]
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]
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]
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]
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]
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]
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]
Decision date: 7 Nov 2017
Criminal Appeal No. 10 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]
Decision date: 7 Nov 2017
Criminal Motion No. 27 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]
Decision date: 7 Nov 2017
Criminal Motion No. 26 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]
Decision date: 7 Nov 2017
Criminal Motion No. 25 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]
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]
Decision date: 6 Nov 2017
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