JUDGMENTS
Civil Appeal No. 3 of 2015
[Appeal purely on fact – trite law that in order to succeed the appellant must demonstrate that the judge’s decision was plainly wrong. In this he failed and appeal dismissed. Cross appeal allowed for interest before judgment on the sum awarded]
Decision date: 17 Nov 2015
Criminal Appeal No. 8 of 2015
[3 years and 10 months imprisonment imposed after plea on 55 year old man without previous convictions for smuggling 7 people into Brunei with the intention of driving them through Brunei. Prosecutor’s appeal and Defendant’s appeal dismissed and sentence of imprisonment upheld. Under s.7(1) of the Trafficking and Property Smuggling Order 2004 a fine is mandatory. Appeal allowed on failure to impose a fine]
Decision date: 12 Nov 2015
Criminal Motion No. 31 of 2015
[3 years and 10 months imprisonment imposed after plea on 55 year old man without previous convictions for smuggling 7 people into Brunei with the intention of driving them through Brunei. Prosecutor’s appeal and Defendant’s appeal dismissed and sentence of imprisonment upheld. Under s.7(1) of the Trafficking and Property Smuggling Order 2004 a fine is mandatory. Appeal allowed on failure to impose a fine]
Decision date: 12 Nov 2015
Criminal Appeal No. 9 of 2015
[Crtminal – sentence -simple possession of 323.7864 grammes of cannabis – plea of guilty at first opportunity – cooperation with NCB after arrest – previous drug convictions no reason to refuse one third discount – proper starting point 9 years, reduced to 6]
Decision date: 12 Nov 2015
Civil Appeal No. 1 of 2015
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Decision date: 30 May 2015
Civil Appeal No. 10 of 2014
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Decision date: 28 May 2015
Civil Appeal No. 15 of 2014
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Decision date: 28 May 2015
Criminal Appeal No. 5 of 2015
Criminal Appeal No. 3 of 2015
[Appeal against conviction under s.7(1) Trafficking and Smuggling Persons Order 2004. Meaning of ‘unlawful entry’ considered. Appeal dismissed. Cross Appeals by Public Prosecutor on Sentence. Consideration of “s.20 Penalties to be cumulative.” Appeal allowed. Additional fine imposed]
Decision date: 28 May 2015
Criminal Appeal No. 1 of 2015
[Appeal against conviction under s.7(1) Trafficking and Smuggling Persons Order 2004. Meaning of ‘unlawful entry’ considered. Appeal dismissed. Cross Appeals by Public Prosecutor on Sentence. Consideration of “s.20 Penalties to be cumulative.” Appeal allowed. Additional fine imposed]
Decision date: 28 May 2015
Criminal Appeal No. 27 of 2014
Criminal Appeal No. 16 of 2014
Criminal Appeal No. 31 of 2014
Criminal Appeal No. 2 of 2015
Criminal Appeal No. 30 of 2014
[Sentence – Possession of Class A drugs for purpose of trafficking – S.3A CAP27 – Sentence of 10 years and 8 strokes upheld for 30.2188 grams of Methylamphetamine]
Decision date: 7 May 2015
Civil Appeal No. 13 of 2014
[Damages – Quantum of damages pursuant to undertaking in ex parte Anton Pillar Order and injunction]
Decision date: 3 Dec 2014
Criminal Appeal No. 13 of 2014
Criminal Appeal No. 12 of 2014
[Sentence – Multiple housebreaking – 19 years old appellant]
Decision date: 1 Dec 2014
Criminal Appeal No. 20 of 2014
[Possession of Class A drugs for the purpose of trafficking contrary to s.3(A) CAP 27 – S.16 presumptions considered – S.114(g) Evidence Act considered – Appeals against conviction and sentence dismissed]
Decision date: 27 Nov 2014
Criminal Appeal No. 15 of 2014
[Sentence – Breach of trust]
Decision date: 26 Nov 2014
Criminal Appeal No. 21 of 2014
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Decision date: 26 Nov 2014
Criminal Appeal No. 14 of 2014
Criminal Appeal No. 26 of 2014
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Decision date: 25 Nov 2014
Criminal Appeal No. 25 of 2014
Criminal Appeal No. 24 of 2014
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