JUDGMENTS
Criminal Appeal No. 12 of 2021
[Sentence: 5 offences of dishonesty including one of housebreaking by night (s.457 CAP 22). Overall term of imprisonment of 3 years and 4 months upheld. Number of strokes reduced from 3 to 2 because no discount had be given in the number strokes from the judge’s starting point]
Decision date: 19 Nov 2022
Criminal Motion No. 15 of 2020
[Sentence, multiple housebreaking by night (s.457 Cap 22), 17 pleas of guilty. Planned professional criminal activity. Starting point of 15 years reduced to 13 years 6 months. Final sentence 9 years and 5 strokes]
Decision date: 12 Nov 2022
Criminal Motion No. 47 of 2020
Criminal Appeal No. 19 of 2020
[-]
Decision date: 12 Nov 2022
Criminal Appeal No. 7 of 2021
[Conviction: appeal dismissed; 3 charges s. 409 Penal Code-criminal breach of trust dishonest misappropriation, $17,400 of cash bail bond monies over 2 ½ years by Inspector of RBPF; repeatedly failed to hand over monies; handed over only $3,900 at the end; balance of $13,500 unaccounted for. Judge entitled to draw adverse inferences.
Sentence: total of 4 years’ imprisonment entirely appropriate; aggravating factorsabuse of position and authority over 2 ½ years-undermined public confidence in the integrity of RBPF; significant loss. Compensation order of $13,900 in favour of RBPFentirely proper. Appeal dismissed.]
Decision date: 12 Nov 2022
Criminal Motion No. 49 of 2020
[Sentence: serious abuse of trust by appellant sexually abusing his younger stepsister. Abuse started when the victim was 5 years old. 9 years and 4 months with 4 strokes upheld]
Decision date: 12 Nov 2022
Civil Suit No. 7 of 2016
[Damages – (Assessment) general damages- future costs of employing maid- future costs of medical treatment-special damages-no award for inflation as it is not proven]
Decision date: 20 Oct 2022
Criminal Appeal No. 21 of 2022
[Criminal law – Outraging modesty – Sentence ]
Decision date: 15 Oct 2022
Originating Summons No. 34 of 2020
[Appeal to Judge in Chambers – both parties – against the decision of the Deputy Chief Registrar – to disallow Plaintiff application to disclose the identity of the person who had drawn or prepare on the Defendant’s behalf in relation to HCCS No. 36 of 2017 – Defendant – appeal decision to disallow counterclaim – whether in nature of judicial review – whether prohibited by Article 84C of the Constitution]
Date of Decision: 3 Oct 2022
Criminal Trial No. 10 of 2022
[Criminal law – 2 charges of rape of a girl under 14 years old under section 376(2)(b) – Penal Code – pleaded guilty to both charges – sentence of 16 years and 12 strokes of whipping]
Public Prosecutor v Mohammad Eddy Hazman bin Haji Sulaiman
HCCT/10/2022
Decision date: 1 Oct 2022
Petition No. 50 of 2017
[Civil Procedure – Ancillary matters ]
Decision date: 20 Sep 2022
Civil Suit No. 10 of 2018
[Civil Procedure – Tenancy Agreement – 1st and 2nd Defendant as an agent of principal which did not exist – no distinction or separation between D1 and D2 and the company – lifting the coporate veil – claim dismissed.]
Decision date: 19 Sep 2022
Criminal Motion No. 21 of 2022
[Criminal law – Flight risk – Bail denied]
Abdul Quim Bin Asul v Public Prosecutor
CM/21/2022
Decision date: 10 Sep 2022
Criminal Appeal No. 15 of 2022
[Criminal law – Theft of vehicle – Mischief – Displaying false license plate on vehicle – Sentence – ss.379 and 426 of the Penal Code – s.89(c) of the Road Traffic Act]
Decision date: 8 Sep 2022
Criminal Appeal No. 14 of 2022
[Criminal law – Dishonest misappropriation and cheating offences – Sentence – ss.403 and 420 of the Penal Code]
Decision date: 3 Sep 2022
Criminal Trial No. 24 of 2020
[Criminal law – Sentence – house breaking by night with intent to commit theft – section 457 of the Penal Code – theft of car – section 379 of the Penal Code -section 426 of the Penal Code – Section 8 (c) Road Traffic Act]
Decision date: 19 Jul 2022
Criminal Appeal No. 17 of 2022
[Criminal law – Possession for trafficking of methylamphetamine – Consumption of methylamphetamine – Second or subsequent offender – Minimum sentence – Ill-health not a mitigating factor except in the most exceptional cases – ss.3A, 6(b) and 7 of the Misuse of Drugs Act]
Decision date: 24 Aug 2022
Criminal Motion No. 16 of 2022
[Criminal law — Section 146(i)(d) Excise Order, 2006 — possession of contraband cigarettes and contraband liquors — application for leave to appeal — no satisfactory explanation for delay — grounds of appeal no likelihood of success — sentence — not excessive application dismiss.]
Decision date: 24 Aug 2022
Criminal Appeal No. 4 of 2022
[Criminal law – Dangerous driving – Sentence]
Decision date: 20 Aug 2022
Criminal Appeal No. 6 of 2022
[Criminal law – Consumption of methylamphetamine – Prior convictions for drug consumption – Sentence]
Decision date: 25 Jul 2022
Criminal Motion No. 27 of 2022 & Criminal Motion No. 5 of 2021
[Criminal law – Appeal by Prosecution against acquittal – leave to extend the time to file an appeal against the Voir Dire ruling by D1, D2, D3 and D6 – both appeal and motion dismissed]
Decision date: 14 Jul 2022
Criminal Motion No. 13 of 2022
[Criminal law and procedure – Application to invoke the power of the Chief Justice to authorize the Magistrate to proceed with the trial of the defendant in absentia – s.372 of the Criminal Procedure Code]
Public Prosecutor v Haji Azman Bin Sulaiman
CM/13/2022
Decision date: 13 Jun 2022
Criminal Motion No. 9 of 2022
[Criminal law – Revocation of bail – Risk of applicant committing further offences]
Shambri Bin Hj Tunjul v Public Prosecutor
CM/9/2022
Decision date: 24 May 2022
Criminal Revision No. 2 of 2022
[Criminal law – Failure to furnish income tax return by company – Provisions as to sentences of fine – Discretion of court to order that in default of payment of the fine a warrant for the levy of the amount by distress and sale of any property of the offender be issued – s.78(1)(b) of the Income Tax Act – s.253(1) of the Criminal Procedure Code]
Decision date: 16 May 2022
Criminal Motion No. 7 of 2022
[Criminal Law – appeal out of time– Section 278 Penal Code– possession of unexercisable goods- section 146(1)(d) Excise Order 2006]
Pengiran Saiful Rizal Bin Pengiran Azahari v Public Prosecutor
CM/7/2022
Decision date: 16 May 2022
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