JUDGMENTS
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
Criminal Appeal No. 3 of 2008
Johari Bin Hj Jaya v PUBLIC PROSECUTOR
COACM/3/2008
Decision date: 10 May 2008
Criminal Appeal No. 2 of 2008
M D Bin H A v PUBLIC PROSECUTOR
COACM/2/2008
Decision date: 6 May 2008
Criminal Appeal No. 15 of 2007
P. Bin H. P. v PUBLIC PROSECUTOR
COACM/15/2007
Decision date: 5 May 2008
Criminal Appeal No. 17 of 2007
[Multiple rapes by a father of his two young daughters – overall sentence of 18 years and
12 strokes appropriate to reflect the criminality of the offences – appeal dismissed – conviction for attempted rape not supported by the facts – conviction quashed]
J. Bin Hj J. v PUBLIC PROSECUTOR
COACM/17/2007
Decision date: 5 May 2008
Civil Appeals No. 9 of 2006 and 6 of 2007
[1. Only on exceptional circumstances will the Court of Appeal allow an appeal against a decision below by consent of the parties.
2. There can be no criticism of the decisions below but in the exceptional circumstances of this case appeal allowed on the application of the parties and the bank’s indication that it does not wish to oppose the appeal.
3. The plaintiff Bank to pay the costs thrown away in the Appeal and below up to 28 April 2008 as well as the costs of today’s application.]
Pg Dato Setia Yusof Bin Pg Dato Hj Sepiuddin v Baiduri Bank Berhad
COACV/9/2006 and COACV/6/2007
Decision date: 3 May 2008
Criminal Appeal No. 16 of 2004
[Admissibility of cautioned statements: application of Judges Rules: allegations of impropriety must be supported by evidence at trial]
Othman Bin Abdullah v PUBLIC PROSECUTOR
COACM/16/2004
Decision date: 5 Dec 2007
Criminal Appeal No. 16 of 2004
[Admissibility of cautioned statements: application of Judges Rules: allegations of
impropriety must be supported by evidence at trial.]
Othman Bin Abdullah v PUBLIC PROSECUTOR
COACM/16/2004
Decision date: 5 Dec 2007
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