JUDGMENTS
Criminal Appeal No. 6 of 2006
[Possession of controlled drugs for the purpose of trafficking. Failure to give full consideration to defence evidence. Failure to allow prosecution witnesses to be
recalled for cross-examination as to credit. Conviction unsafe. Conviction quashed]
Decision date: 25 Nov 2008
Criminal Appeal No. 4 of 2008
Civil Appeal No. 23 of 2008
[Application for leave to appeal to Court of Appeal against order of judge adjournment an appeal from a Registrar. Approach of Court of Appeal to interference with a discretionary order.]
Decision date: 24 Nov 2008
Civil Appeal No. 13 of 2008
[Appeal against the Judge’s decision to refuse to make a garnishee order absolute. Not in dispute that the necessary facts for this debt of the judgment debtor to be attached are established. The judge’s approach in making his own decision on the evidence he heard is correct. A garnishee order absolute is discretionary. Judge exercised his discretion but his reasons were flawed. The court of appeal exercised the judge’s discretion anew and ordered the garnishee order to be made absolute. ]
Decision date: 24 Nov 2008
Criminal Appeal No. 6 of 2006
[Possession of controlled drugs for the purpose of trafficking. Failure to give full consideration to defence evidence. Failure to allow prosecution witnesses to be
recalled for cross-examination as to credit. Conviction unsafe. Conviction quashed]
Decision date: 24 Nov 2008
Criminal Appeal No. 7 of 2008
[Attempted rape contrary to s. 376(1) of the Penal Code. Plea of guilty. Proper starting
point for sentence]
Ibrahim Bin Hj Anggas v PUBLIC PROSECUTOR
COACM/7/2008
Decision date: 24 Nov 2008
Civil Appeal No. 15 of 2007
[Civil appeal. Fatal accidents claim. The deceased cyclist riding erratically in same direction as the car driven by the defendant. Driver sounded horn to warn cyclist of his approach. Cyclist pulled in towards his nearside. When the driver was passing him he suddenly and without signal or warning rode to his right into the path of the car. The judge’s decision that the accident was entirely the fault of the cyclist upheld on appeal. The decision of the judge purely a question of fact]
Carmelina J. Vasquez (as administrator of Dennis Veluz Landicha) v Mohd Alit Abd Rahman Bin Hj Mohd Jaafar & Anor
COACV/15/2007
Decision date: 22 Nov 2008
Civil Appeal No. 18 of 2007
[Intervention by Court of Appeal in order to resolve difficulties arising out of a refusal to order stay of a judgment which, if executed, would have involved payment of moneys in about the same amount as is involved in the counterclaim.]
Danny Chong Meng Chiang v Encore Sdn Bhd
COACV/18/2007
Decision date: 20 Nov 2008
Civil Appeal No. 10 of 2008
[Motor vehicle collision. Whether insured person entitled to sue tortfeasor for full amount of damage after payment by her own insurance company of the majority of that amount. Duty to her own insurer if double indemnity results.]
Wong Teck Huo, Ling Lee Wee v Hayati Bte Hj Abdul Kadir
COACV/10/2008
Decision date: 20 Nov 2008
Criminal Appeal No. 6 of 2008
[Criminal appeal. Sentence. Disparity between sentences imposed on co-offenders by
different courts on different occasions. A substantial and unacceptable
disparity between such sentences may be rectified only if that can be achieved
without substituting a wholly inappropriate sentence for one which is
appropriate]
Mohamad Zainal Abidin Bin Hj Junaidi v PUBLIC PROSECUTOR
COACM/6/2008
Decision date: 20 Nov 2008
Civil Appeal No. 7 of 2008
[Failure by defence to make disclosure of videotape evidence until well into trial. Ambush tactics. Costs to be borne by defendant. ]
Hjh Sauyah Bte Hj Kamis v Maimunah Bte Abdul Ghani
COACV/7/2008
Decision date: 13 Nov 2008
Criminal Appeal No. 8 of 2008
[Offences of possession of military arms without a license and one offence of theft.
Sentenced to 6 years imprisonment and 4 strokes on each possession charge and 2 years for theft. All sentences to run concurrently. Minimum sentence of 5 years and 3 strokes under Rule 2 17(1) of the Arms and Explosives Rules. Appellant assisted police to recover all the weapons and property and had no intention of using the weapons but others were involved. These offences
involve public security and the total sentences upheld by the Court of Appeal agreeing with the reasons given for sentence by the judges]
Mohd Junaidi Bin Moksin v PUBLIC PROSECUTOR
COACM/8/2008
Decision date: 8 Nov 2008
Criminal Appeal No. 5 of 2008
Daud Bin Hj Jair v PUBLIC PROSECUTOR
COACM/5/2008
Decision date: 6 Nov 2008
Criminal Appeal No. 13 of 2007
[Appeal against convictions for possession of Methylamphetamine and Cannabis, the
former for the purpose of trafficking. Appellant and wife disbelieved. Failure
to rebut presumptions of possession and purpose. Relevance of section 117 of
Criminal Procedure Code]
Zulkifli Bin Abdullah v PUBLIC PROSECUTOR
COACM/13/2007
Decision date: 4 Nov 2008
Criminal Appeal No. 14 of 2008
[Appellant (aged 33 and of previous good character) pleaded guilty to serious robbery
of young woman. He punched her unconscious causing bruising of the face neck and body. Gold jewellery, 2 mobile phones, a digital camera and B$970 taken. Sentenced to 7 years imprisonment and 12 mandatory strokes under Sec 394 of the Penal Code. This involves a starting point of between 10 and 11 years which is manifestly too high. Starting point of 8 years with a third discount for early plea appropriate. Appeal allowed and sentence of 5 1/2 years imprisonment substituted with the mandatory 12 strokes]
Nuruddin Bin Ahmid v PUBLIC PROSECUTOR
COACM/14/2008
Decision date: 4 Nov 2008
Civil Appeal No. 11 of 2007
[Quantum of general damages – pain and suffering and loss of amenities – nature of disability – whether plaintiff’s disability caused by accident – importance of evidence of expert – danger of admitting documentary opinion into evidence unless put to and accepted by expert witness.]
Deveraj Muthusamy Veerasamy, Marissa Deveraj Muthusamy Veerasamy v Hj Khairul Pehin Salleh, Hjh Mariam Binti Hj Salleh
COACV/11/2007
Decision date: 22 May 2008
Civil Appeal No. 9 of 2007
[Negligence – joint tortfeasors causing collision which caused plaintiffs’ injuries – plaintiffs entitled to recover from either tortfeasor – duty of following driver]
BUALI BUNYANG AND ORS v TAN JI MUI AND ANOR
COACV/9/2007
Decision date: 22 May 2008
Civil Appeal No. 9 of 2007
[Negligence – joint tortfeasors causing collision which caused plaintiffs’ injuries –
plaintiffs entitled to recover from either tortfeasor – duty of following driver]
Decision date: 22 May 2008
Civil Appeal No. 1 of 2008
[Appeal from Registrar’s assessment of damages to a Judge. Appeal from Judge’s decision to Court of Appeal. Appeal to Judge is a rehearing in which it is incumbent upon Judge to come to his own decision on the matter. Judge erred in finding “no sufficient reasons to justify” interfering with Registrar’s decision. Matter remitted to Judge to complete hearing. ]
Decision date: 20 May 2008
Civil Appeal No. 1 of 2008
[Claim for damages arising out of a traffic accident: Appeal to the Court of appeal from Intermediate Court. Application to call further evidence before Court of Appeal. No proper basis for application. Motion dismissed.]
Decision date: 20 May 2008
Civil Appeal No.3 of 2008
[-]
Ak Abd Rahman Rahimin Bin Pg Mahali, Hjh Yashimah Bte Haji Yahya v Rizan Bin Hj Awg Hamid, Mohd Romzi Bin Pozan, Hj Hamid Bin Abdullah
COACV/3/2008
Decision date: 17 May 2008
Civil Appeal No.3 of 2008
[-]
Ak Abd Rahman Rahimin Bin Pg Mahali, Hjh Yashimah Bte Haji Yahya v Rizan Bin Hj Awg Hamid, Mohd Romzi Bin Pozan, Hj Hamid Bin Abdullah
COACV/3/2008
Decision date: 17 May 2008
Civil Appeal No. 19 of 2007
[-]
Wong Tim Kai v Attorney General of Brunei Darussalam
COACV/19/2007
Decision date: 15 May 2008
Civil Appeal No. 13 of 2007
[Assessment of damages – pain and suffering and loss of amenities – principles applicable – appeal – approach of appellate court – whether there has been a “wholly erroneous” estimate of the damages suffered such as to warrant interference.]
HJH ROSMAHWATI BTE HJ BAKAR v DONI BIN AKUP [suing as the administrator of the estates of And on behalf of the dependants of MUHAMMAD AZMI BIN DONI (deceased) and MUHAMMAD AZIM BIN DONI (deceased)]
COACV/13/2007
Decision date: 14 May 2008
Criminal Appeal No. 1 of 2008
PUBLIC PROSECUTOR v Muhd Rosanan Bin Abdullah Samak
COACM/1/2008
Decision date: 10 May 2008
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