JUDGMENTS
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
Civil Appeal No. 7 of 2020
Civil Appeal No. 4 of 2020
Civil Appeal No. 7 of 2019
Civil Appeal No. 1 of 2020
[Assessment of damages for breach of tenancy agreement – award at trial upheld]
Decision date: 21 June 2021
Criminal Motion No. 9 of 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
Criminal Appeal No. 12 of 2020
[Sentence – Possession of arms and ammunition Rule 17(1) Arms and Explosives Rules – Sentence of 7 years and 3 strokes appropriate before consideration of “delay”– inexcusable and inordinate delay – discount of 18 months]
Decision date: 17 June 2021
Criminal Appeal No. 16 of 2020
[Sentence-appeal dismissed; 3 and ½ years imprisonment and a fine of $5,000; engaging in the conveyance of two smuggled persons, contrary to section 10, Prevention of People Smuggling Order, 2019]
Decision date: 17 June 2021
Criminal Motion No. 17 of 2021
[Criminal law – Possession for trafficking of 7.888 gs of methylamphetamine – Mandatory minimum sentence of 5 years’ imprisonment and 5 strokes]
Hasfaizan Bin Abdul Rajak v Public Prosecutor
CM/17/2021
Decision date: 14 Jun 2021
Criminal Appeal No. 8 of 2021
Criminal Motion No. 51 of 2020
Criminal Appeal No. 10 of 2021
[Sentence – 6 years and 4 strokes upheld following guilty pleas for 2 offences of housebreaking at night and theft of a motor vehicle – partially consecutive orders correct – totality considered – habitual offender.]
Decision date: 10 June 2021
Criminal Motion No. 17 of 2020
[Sentence – s.326 Penal Code CAP 22, causing grievous hurt with weapon – Serious injuries – 5 years’ imprisonment upheld – Strokes reduced from 5 to 3. ]
Decision date: 9 June 2021
Criminal Motion No. 52 of 2020
[ Offences (2) under section 384 and 385 of the Penal Code; minimum sentences provided for; prosecution’s inaccurate drafting of particulars of both counts; wrong application of sections to the particular offences; sentences not affected: 3 years and 2 strokes under section 385 and 2 years and 1 stroke under section 384. Medical recommendation to Prison doctor. ]
Decision date: 9 June 2021
Criminal Appeal No. 13 of 2020
Criminal Appeal No. 14 of 2020
[ Sentence – Starting point of 11 years for s.3(A) Misuse of Drugs Act offence of 23.48 grams of Methylamphetamine approved – Discount for inordinate and inexcusable delay increased from 2 years to 3 years – Final sentence 8 years imprisonment.]
Decision date: 8 June 2021
Criminal Motion No. 49 of 2019
[ Criminal law – Multiple offences of housebreaking – Sentence – 4 years 8 months and 4 strokes upheld.]
Decision date: 8 June 2021
Criminal Appeal No. 18 of 2019
[Criminal law – Criminal breach of trust – Money laundering – Sentence – Discount for delay to be applied after and not before one third discount for guilty plea.]
Decision date: 8 June 2021
Criminal Motion No. 28 of 2020
Criminal Appeal No. 5 of 2021
[Sentence – Outraging modesty, s.354 Penal Code CAP 22 – Serious breach of trust between victim (aged 11) and appellant (aged 60) – Maximum sentence only appropriate for the worst cases – Appellant entitled to one-third plea of guilty for early plea – Sentence of 4 years imprisonment reduced to 3 years. ]
Decision date: 7 June 2021
Criminal Appeal No. 5 of 2020
[Smuggling and trafficking of persons contrary to sections 13(1) and 7(1) of the relevant order (2004); Respective roles of conspirators involved for sentencing purposes; decision of Court of Appeal in Maiyadi bin Marzuki distinguished in respect of previous good character; appeal allowed and sentence reduced.]
Decision date: 7 June 2021
Criminal Motion No. 4 of 2020
[Trafficking and smuggling of Persons Order, 2004; defence of entrapment rejected; omission of mitigation in sentencing procedure; reduction of sentence; sentence to run from date of remand into custody.]
Decision date: 5 June 2021
Criminal Appeal No. 7 of 2020
[ Sentence – Housebreaking by night Multiple offences – 4 years and 3 strokes upheld.]
Decision date: 3 June 2021
Criminal Motion No. 14 of 2020
[ Sentence – Possession of 12 $10,000 counterfeit notes being smuggled through Brunei airport – 6 year starting point approved – Credit given for time spent in custody prior to sentencing]
Decision date: 2 June 2021
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