JUDGMENTS
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.]
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]
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]
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]
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]
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]
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]
Decision date: 3 May 2017
Civil Appeal No. 6 of 2016
[Order 88(1). Respondents as registered owners of land entitled to order for vacant possession of land. Trespassers raise no triable issue. Oral sale of the land 22 years ago]
Decision date: 24 Nov 2016
Criminal Appeal No. 24 of 2016
[Criminal – evidence – admissibility – whether evidence of psychologist admissible to show witness telling the truth]
Decision date: 24 Nov 2016
Criminal Appeal No. 18 of 2016
[Sentencing in corruption cases. Delay of 6 years considered. Rehabilitation during the delay. Extent of appellant’s knowledge of the full criminality. Concurrent sentences of 5 years imprisonment reduced to 3 years. Consecutive sentence of 6 months for non-payment of penalty and prosecution costs. Total to be served 3 years and 6 months imprisonment]
Decision date: 23 Nov 2016
Criminal Appeal No. 16 of 2016
[Sentence – appeal – Intermediate Court – individual sentences of under 20 years imprisonment resulted in effective prison term of 23 years 6 months – whether excessive]
Decision date: 22 Nov 2016
Criminal Appeal No. 22 of 2016
[Sentence – breach of trust punishable under section 408 Penal Code – appeal by PP on ground that sentence manifestly inadequate – delay – inordinate delay, effect on sentence]
Decision date: 22 Nov 2016
Criminal Appeal No. 23 of 2016
[Prosecutor’s appeal against sentence of 12 months imprisonment after trial. Respondent had been convicted under s.408 of Penal Code of criminal breach of trust when employed by the Baiduri Bank. Sentence increased to 20 months. Discount for delay]
Decision date: 21 Nov 2016
Criminal Appeal No. 12 of 2016
[Conviction under section 376(2) Penal Code (rape of 13 year old girl without her consent) CAP 22 upheld. Sentence of 15 years imprisonment and 12 strokes upheld. Breach of trust case in which appellant was a 30 year old serving soldier in a position of authority]
Decision date: 17 Nov 2016
Criminal Appeal No. 10 of 2016
Criminal Appeal No. 14 of 2016
[Total sentence of 74 months imprisonment and 2 strokes for a series of car thefts, one house trespass and one house breaking reduced on appeal to 5 years and 2 months imprisonment and 2 strokes]
Decision date: 16 Nov 2016
Criminal Appeal No. 20 of 2016
[Sentence – possession of 47.3004 grammes of Methylamphetamine section 5 Misuse of Drugs Act – appeal by PP – whether sentence of 20 years imprisonment by Intermediate Court manifestly inadequate – inordinate delay in trial – whether judge should have remitted respondent to High Court for sentence -– appeal dismissed]
Decision date: 16 Nov 2016
Criminal Appeal No. 19 of 2016
[Sentence – concurrent sentences of 12 months imprisonment for 2 offences of housebreaking contrary to s.454 Penal Code and a concurrent sentence of 2 months imprisonment for one offence of theft contrary to s.379 manifestly inadequate]
Decision date: 15 Nov 2016
Criminal Appeal No. 11 of 2016
[Multiple offences of dishonesty – Thefts, housebreaking – Importance of consideration of starting point for sentence after trial to reflect overall criminality]
Decision date: 23 May 2016
Criminal Appeal No. 9 of 2016
[Multiple offences of dishonesty – Thefts, housebreaking – Importance of consideration of starting point for sentence after trial to reflect overall criminality]
Decision date: 23 May 2016
Criminal Appeal No. 13 of 2016
[Prosecutor’s appeal against sentence of 8 months imprisonment for an offence of housebreaking with intent to commit theft contrary to section 457 of the Penal Code. In the particular unusual circumstances involving totality of sentence appeal dismissed. Circumstances exceptional. Normally sentence would be manifestly too lenient]
Decision date: 23 May 2016
Civil Appeal No. 5 of 2016
[ Road Traffic Accident – negligence – vicarious liability – Road Traffic Act (Cap 68) Section 86 – Plaintiff’s claim for damages against driver’s employer – Appeal by employer – Respondent’s (Plaintiff’s) counter-notice – damages for quantified likelihood of future medical treatment and costs of maid’s services. Substantial delay between end of trial and delivery of judgment. Appellant’s claim to disallow interest for that interim period. Appeal dismissed – Cross Appeal allowed]
Decision date: 23 May 2016
Criminal Appeal No. 14 of 2015
[appeal against conviction for murder. Application to withdraw the admissions in facts agreed at trial refused. Admissibility of statements made to pathologist when conducting medical examination considered. Properly admitted in particular circumstances of this case when such statements were made part of the defence case. Appeal refused]
Decision date: 23 May 2016
Criminal Appeal No. 7 of 2016
[Theft and attempted theft from place of worship contrary to s380A Penal Code – sentences of 12 months and 18 months to be served concurrently due to exceptional personal circumstances]
Decision date: 18 May 2016
Criminal Appeal No. 8 of 2016
[Appeal against sentence. Pleaded guilty to three offences of outraging the modesty of daughter when 11 years and 13 years old. Sentenced to total of 3 years 6 months and 3 strokes. Appeal dismissed]
Decision date: 17 May 2016
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