JUDGMENTS
Civil Appeal No. 4 of 2016
[Matrimonial property – Transfer of matrimonial home to wife – Suitability of lump sum in lieu of monthly payments for maintenance.]
Decision date: 16 May 2016
Criminal Appeal No. 6 of 2016
[Public Prosecutor’s appeal for an increase in sentence. Sentence of 14 years imprisonment after a guilty plea to 9 counts of rape on 3 of the defendant’s young daughters (contrary to ss 376(1) and (2) CAP 22) considered to be inadequate – many aggravating features – 16 years imprisonment subtituted]
Decision date: 14 May 2016
Criminal Appeal No. 5 of 2016
[Public Prosecutor’s appeal against acquittal. Appeal refused. On the evidence he heard it was open to the judge to find that the prosecution had not proved beyond reasonable doubt that the respondent ‘knew, or had reason to believe’ banknotes to be counterfeit contrary to section 489B of the Penal Code]
Decision date: 14 May 2016
Civil Appeal No. 11 of 2015
[Application for summary possession of land pursuant order 88 rule 1 – Applicable test – whether interlocutory or final order – S.20(2)(f) CAP 5 – When leave to appeal to Court of Appeal should be granted.]
Decision date: 12 May 2016
Criminal Appeal No. 2 of 2016
[Convicted after trial of theft of $100,000 from employers. Breach of Trust by security company supervisor. Sentence of 3 years 6 months. Appeal against sentence dismissed]
Decision date: 12 May 2016
Criminal Appeal No. 3 of 2016
[Appeal against total sentence of 5 years imprisonment with 2 strokes after pleas to 7 offences of dishonesty to support a drug habit. A persistent, opportunist, small-time offender. Offences not professional. Offences began shortly after his release from prison for similar offences but has realistic support from family to assist him when released. Appeal allowed against total sentence. Reduced to 3 years and 4 months with 2 strokes. Exceptional case]
Decision date: 12 May 2016
Civil Appeal No. 12 of 2015
[Statement of Claim struck out under order 18 rule 18 RSC by Senior Registrar. Plaintiff’s appeal dismissed by judge. Appeal from Judge dismissed. No reasonable cause of action demonstrated in the pleadings]
Decision date: 11 May 2016
Criminal Appeal No. 19 of 2015
[Sentence for gang robbery (s.39L CAP 22) and rape (s.376(L) CAP22). Totality principle considered 18 years qnd 72 strokes reduced to L4 years and 72 strokes]
Decision date: 30 Nov 2015
Criminal Appeal No. 11 of 2015
[Joint charge of people smuggling – the presumption under section 7 (2) of the Trafficking and People Smuggling Order 2004 engaged – neither appellant succeeded in rebutting the presumption. Appeals against conviction dismissed]
Decision date: 26 Nov 2015
Criminal Appeal No. 10 of 2015
[Joint charge of people smuggling – the presumption under section 7 (2) of the Trafficking and People Smuggling Order 2004 engaged – neither appellant succeeded in rebutting the presumption. Appeals against conviction dismissed]
Decision date: 26 Nov 2015
Criminal Appeal No. 17 of 2015
[multiple offences committed over 5 months of serious professional housebreaking and the like – 27-year-old appellant without previous convictions – Sentenced to a total of 8 years imprisonment and 4 strokes with starting point of 12 years. In the circumstances 12 years as starting point excessive. Starting point reduced to between 10 and 11 years. Sentence reduced to 7 years imprisonment with 3 strokes]
Decision date: 25 Nov 2015
Criminal Appeal No. 25 of 2015
Criminal Appeal No. 23 of 2015
Criminal Appeal No. 20 of 2015
Criminal Appeal No. 24 of 2015
[Consideration in two separate appeals of the appropriate starting points and the application of the totality principle in multiple offences of dishonesty]
Decision date: 25 Nov 2015
Criminal Motion No. 16 of 2015
[Consideration in two separate appeals of the appropriate starting points and the application of the totality principle in multiple offences of dishonesty]
Decision date: 25 Nov 2015
Criminal Appeal No. 15 of 2015
[Appeal against conviction and sentence, Appeltant sentenced to 21 years imprisonment and 15 strokes for possession of 48.39L1 grqmmes of Methylamphetamine for the purpose of trafficking contrary to s.3A Misuse of Drugs Act CAP 27. Proper application oflegal presumptions under ss 15, 16 and 19 of Misuse of Drugs Act considered. Sentence not manifestly excessive. Appeals dismissed]
Decision date: 24 Nov 2015
Criminal Appeal No. 27 of 2015
[ Sentence – Theft from inside a place of worship contrary to s.380A Penal Code – Consideration of enhanced sentences for s.380A offences]
Decision date: 24 Nov 2015
Criminal Appeal No. 18 of 2015
[Sentence – Theft from inside a place of worship contrary to s.380A Penal Code – Consideration of enhanced sentences for s.380A offences]
Decision date: 24 Nov 2015
Criminal Appeal No. 22 of 2015
[Criminal – sentence – housebreaking with intent to commit theft – Section 451, Penal Code – Mischievous damage – Section 427, Penal Code – Bank premises entered and ATM machines damaged – Appeals against sentence dismissed]
Decision date: 24 Nov 2015
Criminal Appeal No. 21 of 2015
[Criminal – sentence – housebreaking with intent to commit theft – Section 451, Penal Code – Mischievous damage – Section 427, Penal Code – Bank premises entered and ATM machines damaged – Appeals against sentence dismissed]
Decision date: 24 Nov 2015
Criminal Appeal No. 7 of 2015
[Sentencing guidelines for the importation of Cannabis, a class A drug, contrary to s.5 of the Misuse of Drugs Act CAP 27]
Decision date: 23 Nov 2015
Civil Appeal No. 6 of 2015
[application for leave to appeal against refusal to order security for costs refused. Interlocutory application – Satellite litigation – Reluctance of Court of Appeal to grant leave in satellite litigation – Reasons considered]
Decision date: 21 Nov 2015
ICCS No. 43 of 2015
[application for leave to appeal against refusal to order security for costs refused. Interlocutory application – Satellite litigation – Reluctance of Court of Appeal to grant leave in satellite litigation – Reasons considered]
Decision date: 21 Nov 2015
Civil Appeal No. 5 of 2015
[application to strike out action against naval noncommissioned officers for alleged assault on recruit under training – Constitution, Articles 84 (b) (2) and 84C – Order 18 rule 18(1) and Order 86 rule 4 of Brunei Supreme Court Rules]
Decision date: 19 Nov 2015
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