JUDGMENTS

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.]

FIFI AZIRAH BINTI MOHD ARIFIN v PUBLIC PROSECUTOR

HACM/15/2020

Decision date: 2 Aug 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 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
Criminal Motion No. 29 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
Criminal Appeal No. 2 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: 17 June 2021

About GOV.BN  |  Research Us   |  Rate this Website

Digital Services

Overview of Digital Government

Digital Government Strategy & Initiatives

Digital Government Strategic Plans & Legislation

Other Information

Circular & Policy

Tenders & Quotations

TPOR for Government Agencies

Privacy Statement  |  Terms of Use  |  Disclaimer

Copyright Goverment of Brunei Darussalam. All Right Reserved.