JUDGMENTS
Criminal Appeal No. 18 of 2019
[Criminal law – Criminal breach of trust – Money laundering – Sentence – Discount for delay to be applied after and not before one third discount for guilty plea.]
Decision date: 8 June 2021
Criminal Motion No. 28 of 2020
Criminal Appeal No. 5 of 2021
[Sentence – Outraging modesty, s.354 Penal Code CAP 22 – Serious breach of trust between victim (aged 11) and appellant (aged 60) – Maximum sentence only appropriate for the worst cases – Appellant entitled to one-third plea of guilty for early plea – Sentence of 4 years imprisonment reduced to 3 years. ]
Decision date: 7 June 2021
Criminal Appeal No. 5 of 2020
[Smuggling and trafficking of persons contrary to sections 13(1) and 7(1) of the relevant order (2004); Respective roles of conspirators involved for sentencing purposes; decision of Court of Appeal in Maiyadi bin Marzuki distinguished in respect of previous good character; appeal allowed and sentence reduced.]
Decision date: 7 June 2021
Criminal Motion No. 4 of 2020
[Trafficking and smuggling of Persons Order, 2004; defence of entrapment rejected; omission of mitigation in sentencing procedure; reduction of sentence; sentence to run from date of remand into custody.]
Decision date: 5 June 2021
Criminal Appeal No. 7 of 2020
[ Sentence – Housebreaking by night Multiple offences – 4 years and 3 strokes upheld.]
Decision date: 3 June 2021
Criminal Motion No. 14 of 2020
[ Sentence – Possession of 12 $10,000 counterfeit notes being smuggled through Brunei airport – 6 year starting point approved – Credit given for time spent in custody prior to sentencing]
Decision date: 2 June 2021
Criminal Appeal No. 8 of 2020
[Criminal law – Robbery – Child victim – Appellant above 50 years old – Sentence of whipping not to be executed.]
Decision date: 26 May 2021
Civil Suit No. 1 of 2019
[Civil Procedure — road traffic accident — liability in issue — two conflicting versions of accident]
Decision date: 25 May 2021
Criminal Motion No. 18 of 2021
[Criminal law – Smuggling alcoholic drinks – Sentence]
Mohammad Shahrizan Bin Abdul Latif v Public Prosecutor
CM/18/2021
Decision date: 24 May 2021
Criminal Appeal No. 46 of 2020
[Criminal Law — section 420 Penal Code — Plead Guilty — imprisonment — Appeal — ill health not a mitigating factor except in the most exceptional cases — no judicial mercy — appeal dismissed]
Decision date: 24 Apr 2021
Criminal Motion No. 6 of 2021
[Criminal Law – Excise Order 2006 – offence under section 146(1)(d) – appeal against sentence – and for monthly instalments dismissed and grace period extended to 19th May 2021 instead of 1st February 2021]
Decision date: 19 Apr 2021
Criminal Motion No. 5 of 2021
[Criminal Law – Notice of Appeal for extension of grace period nearly 7 months out of time as a consequence of lack of funds -section 146(1)(d) Excise Order 2006 – two charges – possession of unexcised cigarettes – intoxicating liquor – time to pay fine – act of clemency – leave to appeal allowed – appeal allowed]
Uzaini bin Morni v Public Prosecutor
CM/5/2021
Decision date: 17 Apr 2021
Criminal Motion No. 15 of 2021
[Criminal law – Sentence – Offender suffering from serious medical condition – Discretion of judicial mercy – Principles]
Awang Rosli Bin Simon v Public Prosecutor
CM/15/2021
Decision date: 31 Mar 2021
Criminal Motion No. 9 of 2021
[Criminal law – Criminal breach of trust – Sentence – s.406 Penal Code]
Noorhayati Binti Hj Ahmad v Public Prosecutor
CM/9/2021
Decision date: 25 Mar 2021
Criminal Trial No. 3 of 2021
[Criminal law – Child abuse leading to death – Culpable homicide not amounting to murder – Causing grievous hurt – Failure to report death – Permitting child to be physically abused – s.304(2) Penal Code – s.325 Penal Code – s.176 Penal Code – s.28(1)(a) Children and Young Persons Act – Sentence]
Public Prosecutor v Kassim Bin Omar [D1] & Siti Norzalia Binti Haji Abdullah [D2]
HCCT/3/2021
Decision date: 18 Mar 2021
Criminal Trial No. 13 of 2020
[Criminal law – Gang robbery – Knowingly receiving property stolen in a gang robbery – Housebreaking – Sentence – ss. 395, 398, 412 and 454 of the Penal Code]
Public Prosecutor v Rosizan Bin Jumat (D1), Mohammad Noh Bin Mohd Edham (D2), Mohammad Amirul Alif Bin Ali (D3), & Norziana Binti Nordin (D4)
HCCT/13/2020
Decision date: 4 Mar 2021
Criminal Appeal No. 26 of 2019
[Criminal law — section 144(1) Excise Order 2006 — Appeal — sentence not manifestly excessive — appeal dismissed]
Decision date: 2 Mar 2021
Criminal Appeal No. 37 of 2020
[Criminal law – Using criminal force intending to outrage modesty – Appeal against conviction and sentence – Appellate court will not disturb findings of fact unless they are plainly wrong or clearly reached against the weight of the evidence – Admissibility of CCTV footage – Sentence not excessive – s.354 of the Penal Code.]
Decision date: 27 Feb 2021
Civil Suit No. 47 of 2018
Claim for unjust enrichment for costs and expenses of construction work – counterclaim for overpayment and additional costs attributable to unsatisfactory work – lack of clarity and precision in pleadings – whether the pleaded claims have been established on the evidence.
ICE PETROLEUM ENGINEERING SDN BHD AND SAHID SDN BHD
HCCS/47/2018
Decision date: 26 Feb 2021
Criminal Motion No. 7 of 2020
[Criminal law – Causing hurt to teacher – Assault – Sentence – ss.323 and 352 of the Penal Code]
13047 Warrant Officer 2 Mohammad Yusirwan Bin Yussof (1st Apeallant)& Mohammad Yadiy Yusranshah Bin Yussof (2nd Appellant)v Public Prosecutor
CM/7/2020
Decision date: 25 Feb 2021
Criminal Appeal No. 1 of 2021
[Criminal law and procedure – Whether date of commencement of second term of imprisonment to begin immediately or at the expiration of the first term of imprisonment – s.261(1) of Criminal Procedure Code]
Decision date: 24 Feb 2021
Criminal Trial No. 10 of 2015
[Criminal law and procedure – Causing hurt with a knife – Defendant afflicted with mental illness at the time of the commission of the offence – Special finding – ss.321(1) & (2) of the Criminal Procedure Code]
Public Prosecutor v Ahmad Nazilah Bin Yusof
HCCT/10/2015
Decision date: 17 Feb 2021
Criminal Appeal No. 11 of 2020
[Criminal law – Appeal against sentence by Prosecution – house-trespass with attention to annoy – u/s 448 Penal Code – Imprisonment of 1 month – appeal allowed – imprisonment sentence enhanced to 3 months]
Decision date: 15 Feb 2021
Criminal Appeal No. 17 of 2019
[Criminal law – Appeal against conviction – section 158 Criminal Procedure Code invoked – failure to abide – section 291 Criminal Procedure Code – Appeal allowed – section 285 Criminal Procedure Code – conviction quash – retrial]
Decision date: 9 Feb 2021
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