JUDGMENTS
Criminal Appeal No.3 of 2019, No.4 of 2019, No.6 of 2019
[Corruption – Whether gratification given and accepted corruptly – Presumption gratification given and accepted corruptly – Abetment by instigation – Duplicity an irregularity and not an illegality – Whether sentence excessive – Commencement of sentence – Penalty – Forfeiture.]
Decision date: 19 Oct 2019
Criminal Appeal No. 17 of 2019
[Criminal law – stay of execution denied – appeal – no exceptional circumstances or no special reasons – dismissed]
Decision date: 18 Aug 2020
Criminal Appeal No. 9 of 2019
[Criminal law – Sentence – Drug consumption – Second Offender – Minimum sentence – Probation Order.]
Decision date: 11 Jun 2019
Criminal Appeal No. 1 of 2019
[Attempt to commit extortion – Sentence.]
Decision date: 18 May 2019
Criminal Appeal No. 8 of 2019
[Criminal Law — Appeal against sentence — theft by employee — section 381 of the Penal Code — guilty plea —money not recovered —Appropriate sentence]
Decision date: 15 May 2019
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
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