JUDGMENTS
Criminal Appeal No. 7 of 2019
[Sentence: Plea of guilty to s.5 Misuse Drugs Act (under 50 grams). Minimum sentence of 20 years and 15 strokes passed. Appeal dismissed.]
Decision date: 6 Nov 2019
Criminal Trial No. 11 of 2018
[Submissions of no case to answer and stay of proceedings, construction of s.3(1) of the Criminal Asset Recovery Order 2012, defendant’s right of silence, inapplicability of charging s.12(1) of the Prevention of Corruption Act, Cap. 131 offences in conjunction with other offences, partial stay of proceedings]
Public Prosecutor v Ramzidah binti Pehin Datu Kesuma Diraja Kol (R) Hj Abdul Rahman (1st Defendant) & Hj Nabil Daraina bin Pehin Udana Khatib Dato Paduka Seri Setia Ustaz Hj Awang Badaruddin (2nd Defendant)
HCCT/11/2018
Decision date: 28 Oct 2019
Criminal Appeal No. 17 of 2019
[Criminal law – stay of execution denied – appeal – no exceptional circumstances or no special reasons – dismissed]
MOHAMMAD NORARIFFIN BIN HAMDAN v PUBLIC PROSECUTOR
HACM/17/2019
Decision date: 18 Aug 2020
Criminal Motion No. 1 of 2019
[conviction. Trial part-heard before a judge; the use of evidence in the trial before a second judge- section 29 of the Intermediate Court Act. Ruling against the prosecution application to use that evidence, in face of the opposition of the represented applicant; withdrawal of the opposition by the unrepresented applicant. No notes of proceedings describing those circumstances. Conviction unsafe; conviction quashed and; retrial ordered.]
Decision date: 1 May 2019
Criminal Motion No. 63 of 2018
[Sentence-total sentence of 4 years and 8 months’ imprisonment with two strokes imposed after pleas of guilty to 5 charges, including two charges of housebreaking, contrary to section 454, entirely appropriate. Discount of 4 months’ imprisonment for assistance to the authorities, post-sentencing and prior to appearing in the Court of Appeal, in being prepared to give evidence for the prosecution in the trial of a defendant in an unrelated matter in face of which the defendant pleaded guilty.]
Decision date: 30 Apr 2019
Criminal Appeal No. 19 of 2018
[Sexual abuse of young girls at a primary school; unsworn evidence of complainants; inadmissible evidence of reports by psychologist and social worker introduced by defence counsel; experts not called to give evidence; contents wrongly adduced by improper leading questions put to appellant by defence counsel at trial; alleged inconsistencies not proved: concurrent sentences on conviction of 6 years and 3 strokes approved.]
Decision date: 30 Apr 2019
Civil Appeal No. 16 of 2018
Criminal Appeal No. 2 of 2019
[Sentence – Housebreaking and theft offences committed with juveniles – Appropriate sentences of imprisonment passed – Principle of totality applied.]
Decision date: 29 Apr 2019
Civil Appeal No. 15 of 2018
[-]
Decision date: 29 April 2019
Civil Appeal No. 2 of 2019
Criminal Motion No. 6 of 2019
[ Sentence – Breach of trust – Non custodial sentence not appropriate in the circumstances – 25% discount for total delay from arrest to sentence of 5 years. An appropriate discount for delay always depends on the particular facts of each case.]
Decision date: 24 Apr 2019
Civil Appeal No. 1 of 2019
Civil Appeal No. 10 of 2019
Criminal Motion No. 7 of 2019
[Assault causing grievous harm: trial: unprovoked joint attack: use of metal bar: multiple injuries: sentence of 5 years and 5 strokes reduced to 4 years and 3 strokes: excessive and disproportionate to sentence on co-accused.]
Decision date: 24 Apr 2019
Criminal Appeal No. 24 of 2018
[Trafficking and smuggling illegal immigrants: pleas of guilty: degrees of participation and involvement: disparity of sentences: starting points of sentences varied: fines set aside as inappropriate: orders for forfeiture of vehicles (s.357(2)) require inquiry as to competing claims]
Decision date: 23 Apr 2019
Criminal Motion No. 3 of 2019
[Trafficking and smuggling illegal immigrants: pleas of guilty: degrees of participation and involvement: disparity of sentences: starting points of sentences varied: fines set aside as inappropriate: orders for forfeiture of vehicles (s.357(2)) require inquiry as to competing claims]
Decision date: 23 Apr 2019
Criminal Appeal No. 1 of 2019
[Trafficking and smuggling illegal immigrants: pleas of guilty: degrees of participation and involvement: disparity of sentences: starting points of sentences varied: fines set aside as inappropriate: orders for forfeiture of vehicles (s.357(2)) require inquiry as to competing claims]
Decision date: 23 Apr 2019
Criminal Appeal No. 25 of 2018
[Trafficking and smuggling illegal immigrants: pleas of guilty: degrees of participation and involvement: disparity of sentences: starting points of sentences varied: fines set aside as inappropriate: orders for forfeiture of vehicles (s.357(2)) require inquiry as to competing claims]
Decision date: 23 Apr 2019
Criminal Motion No. 4 of 2019
[ Housebreaking offences and thefts of motor vehicles: pleas of not guilty: relevance of previous convictions: need for deterrent sentences: substantial fines not appropriate as an addition to long terms of imprisonment]
Decision date: 23 Apr 2019
Criminal Appeal No. 17 of 2018
Criminal Appeal No. 13 of 2018
[Appeal against conviction for possession of a purported Brunei Immigration Departure stamp, with intent that it be used for committing forgery, dismissed.
Sentence-appeal allowed; discount for delay from arrest on 12 June 2014 until sentence on 23 October 2018. Sentence of three years quashed and a sentence of two years and eight months’ imprisonment substituted.]
Decision date: 22 Apr 2019
Criminal Appeal No. 20 of 2018
[Sentence – Possession of Methylamphetamine not exceeding 55 grams – Starting point 6 years imprisonment. Further discount for delay – Appellant arrested in January 2013, sentenced in November 2018.]
Decision date: 22 Apr 2019
Civil Appeal No. 7 of 2018
[-]
Decision date: 17 April 2019
Criminal Appeal No. 23 of 2018
[One charge of housebreaking by night for the purpose of theft, contrary to section 457 and three charges of theft in a dwelling, contrary to section 380 of the Penal Code. Breach of trust. Pleas of guilty and a clear criminal record. Totality. Appeal allowed.]
Decision date: 15 Apr 2019
Criminal Motion No. 2 of 2019
[Sentence – Appeal by Public Prosecutor (S.430 Cap 7) against sentence of 19 months imprisonment for forgery and personation of a police officer. Held not manifestly inadequate in the particular circumstances of the case]
Decision date: 10 Apr 2019
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