JUDGMENTS
Criminal Trial No. 28 of 2023
[Criminal law – Judgment – 3 charges – publishing seditious posts on Facebook – seditious intent – excite disaffection against His Majesty the Sultan and Yang Di-Pertuan or Government or judicial administrations – offense under section 4(1)(c) of the Sedition Act, Cap 24, read with sections 3(1)(a) and 3(1)(c) of the same – trial]
Decision date: 6 Dec 2025
Criminal Trial No. 17 of 2019
[Criminal law — Sentencing — Voluntarily causing hurt — Use of weapon — Unprovoked attack — Serious injuries — Theft reduced to dishonest misappropriation — Possession of stolen vehicle — First offender — Remorse — Mitigation — Limited weight
Sentencing — Consecutive sentences — Totality principle — Backdating of sentence — Time in remand — Effective sentence fully served
Sentencing — Whipping — Statutory prohibition — Accused sentenced to death — Criminal Procedure Code s.258(b)]
Decision date: 3 Dec 2025
Criminal Appeal No. 22 of 2025
[Criminal Procedure — Application for Leave to Travel Abroad Pending Appeal — Road Traffic Conviction — Change of Circumstances — Risk of Absconding — Appropriate Safeguards — Appeal Hearing Date Fixed — Leave Granted with
Enhanced Bail Conditions]
Decision date: 26 Jan 2026
Criminal Motion No. 30 of 2024
[Criminal law – Sentence – Attempted armed robbery – Theft in a building – Consecutive sentences – Whether aggregate sentence manifestly excessive – Approach to backdating of sentence]
Decision date: 25 Nov 2025
Civil Appeal No. 19 of 2024
[Civil Law. Appeal against Judge’s Order granting Respondent relief, including an Order for sale, in respect of a Memorandum of Charge on each of two separate parcels of land and Units built on land entered into to secure Trade Line Facilities for company, Panahome, dismissed with costs. Action arose from failure of Panahome to repay monies owed from use of those facilities. Appellant’s deposit with Court of BND 1000 as security for appeal released to Respondent in part-payment of costs]
Decision date: 19 Nov 2025
Civil Appeal No. 7 of 2024
[Civil: costs of trial; A. awarded damages against Rs for personal injuries but A. 30% contributorily negligent.; Judge ordered costs to A.; O. 59, r. 3(2), RSC-Court’s power to order that part of the costs should not follow the event. Court ordered discount of 10% from Order of costs to Rs for increased costs of trial of contested contributory negligence.
Order: Rs to pay A. 90% of A’s costs]
Decision date: 19 Nov 2025
Criminal Trial No. 12 of 2025
[Criminal Law – Bail – Murder charge under Section 302 Penal Code (Cap 22) – Death penalty – Application for bail pending investigation – Gravity of offence – strength of case – likelihood of interference with witnesses – balance of probabilities that bail should not be granted – Bail refused – Application dismissed]
Decision date: 15 Nov 2025
Criminal Motion No. 15 of 2024
[Criminal law – Possession and distribution of obscene photographs – Use of criminal force with intent to outrage modesty – Victim aged 15 – Sentence. ]
Decision date: 10 Nov 2025
Criminal Trial No. 46 of 2025
[Criminal law – sentence- theft of property- section 454 of the Penal Code- commit house-breaking-section- section 379 of the Penal Code- did commit theft- section 447 of the Penal Code- commit trespass- deterrent sentence]
Decision date: 10 Nov 2025
Civil Suit No 39 of 2021
[Application for leave to appeal interlocutory order for amendment of pleadings – principles to be applied – whether limitation period applies to the claim made – whether cause of action shown.]
Decision date: 8 Nov 2025
Civil Suit No. 24 of 2023
[Appeal from decision under Order 14A – application of non-binding term – whether evidence of implied contract overriding it – locus standi of directors acting for company.]
Decision date: 8 Nov 2025
Criminal Trial No. 2 Of 2025
[Criminal Law – Sentencing – Human Trafficking – Section 4 of the Trafficking and Smuggling of Persons Order 2004 – Section 5(1) of the Anti-Trafficking in Person Act, CAP 230– plead guilty before trial commence – minimum sentence afforded]
Public Prosecutor v Mahedi Hassan
HCCT/2/2025
Decision date: 6 Nov 2025
Civil Appeal No. 1 of 2025
- [Civil. Law Society’s appeal from decision of Acting Chief Justice admitting R. as an Advocate and Solicitor in Brunei Darussalam dismissed. R a person who is neither a citizen of nor a permanent resident in Brunei Darussalam. No order for costs.
- Meaning of “qualified person” within ss.3 and following of the Legal Profession Act, CAP 132 (“the LPA”), together with the requirement of being in “active practice” in the UK “for at least 7 years immediately preceding” the application.
- Consideration of requirement of “good character” in ss. 4(b) and 5 of the LPA and duty of candour on applicant.
- Role of Law Society: gravity of an allegation calling into question a professional’s good character or alleging a want of candour.
- In the generality of cases, the correct approach in Brunei Darussalam is to welcome those who have the expertise and experience to contribute to the practice of law in Brunei Darussalam and the development of this jurisdiction, subject, always, to insistence on the requisite standards, namely: that applicant is a qualified person and of good
character. Touchstone throughout is the public interest. Task is to balance benefits to the public interest of Brunei Darussalam in admitting such foreign practitioners while maintaining requisite standards. - Inherent jurisdiction: Order framed to deal with applicant’s withdrawal of Petition and stated intention of not returning to Brunei Darussalam]
COACV/1/2025
Decision date: 1 Nov 2025
Civil Appeal No. 18 of 2024
[Civil Procedure: Appeal dismissed. Following automatic discontinuance of action, pursuant to O. 21, r. 2 (6), Appellant’s application for leave for reinstatement, pursuant to O. 21, r. 2 (10) refused by Registrar; appeal dismissed by Judge. Three-limb test for reinstatement applied: test stipulated in Singapore in Moguntia-Est, adopted in Brunei
Darussalam and explained in Maxwell, approved by Court of Appeal in Hafiz]
Decision date: 28 Oct 2025
Civil Suit No. 117 of 2019
[Claim for loss in investment funds – whether made following misrepresentation – whether representations relied on by Plaintiff – question of liability of person making investments – validity of acknowledgement of debt – whether claim time barred ]
Decision date: 27 Oct 2025
Civil Appeal No. 19 of 2024
Originating Summons No. 30 Of 2025
[Civil Procedure – Transfer of proceedings – Magistrate’s Court to Intermediate Court – Section 25(3)(g) Subordinate Courts Act – Absence of Rules of Court – Supervisory jurisdiction – Inherent powers – Whether High Court may order transfer – Counterclaim exceeding jurisdictional limit – Distinct causes of action – Application dismissed. ]
Decision date: 22 Oct 2025
Criminal Appeal No. 4 of 2025
[Criminal Law – Prevention of Corruption Act, Cap 131 and Penal Code, Cap. 22 – Appeal by Prosecution against acquittal on all charges – Failure of a Magistrate to determine if defendants have rebutted presumption under Section 25 of Prevention of Corruption Act – Magistrate to assess evidence in totality based on objective standard – Appeal allowed – Retrial ordered]
Decision date: 22 Oct 2025
Civil Suit No. 5 of 2025
[Application for leave to appeal – debtor the subject of a receiving order wishing to review taxation of costs – whether leave of Official Receiver required – whether certificate of costs final upon being admitted as a debt – jurisdiction of court]
Decision date: 21 Oct 2025
Criminal Trial No. 4 Of 2024
[Sentencing – Rape – Section 376(2)(b) Penal Code – Conviction after trial – No remorse – Victim aged 8 – Tender years – Exemption from whipping, defendant over 50 years old – Section 258 Criminal Procedure Code – Additional imprisonment in lieu of whipping – Deterrence, denunciation and protection of children]
Public Prosecutor v S Bin T
HCCT/4/2024
Decision date: 18 Oct 2025
Civil Suit No. 30 Of 2023
[Civil Procedure — Interlocutory applications — Payment into court — Whether defect in summons fatal or curable under O.2 r.1 and O.86 r.4 — Scope of O.29 r.2(3) — Application at post-judgment stage — Outstanding costs and pending appeal — Whether sufficient to constitute “dispute over a specific fund” — Jurisdiction. ]
Decision date: 9 Oct 2025
Civil Appeal No. 7 of 2024
[Civil Procedure-Costs: (i) Trial-Order 22A, r. 9 (3) of Rules of Supreme Court, Cap. 5 not applicable-only offer to settle proceedings was from 2nd R. for BND 85,000; judgment for A. for BND 124,529.92, with interest and costs, more favourable than terms of offer; 1st/2nd Rs to pay A.’s costs on standard basis, to be taxed, if not agreed, subject to determination of 2nd R. ‘s claim for discount of costs- relevance of J. ‘s contested finding of A’s contributory negligence/rejection of some heads of claim; DIrections: parties to file submissions in 7 days.
(ii) Court of Appeal- A ‘s appeal dismissed; A. to pay 1st/2nd Rs’ costs on standard basis, to be taxed if not agreed]
Decision date: 8 Oct 2025
Criminal Trial No. 3 of 2022
[Criminal Law – Sentencing – Human Trafficking – Section 4 of the Trafficking and Smuggling of Persons Order 2004 – six Bangladeshi victims recruited by deception – plead guilty during trial after 4 out of 6 victims have given evidence – 1/3 discount in sentencing not afforded – multiple aggravating factors outweigh late guilty plea – sentence of 7 years 6 months’ imprisonment, fine $120,000 and 4 strokes imposed]
Decision date: 2 Oct 2025
Criminal Appeal No. 13 of 2025
[Criminal law – Bail –Appeal against Magistrate Decision – Evidence in its entirety – Appeal Allowed – Magistrate Decision set aside]
Decision date: 2 Oct 2025
Originating Motion No. 3 of 2025
Civil. Renewed application for leave to appeal allowed: Judge’s dismissal of Registrar’s refusal to strike out Respondent’s claim, O.18, r. (1), RSC on grounds what it disclosed no reasonable cause of action, was scandalous, frivolous or vexatious or otherwise an abuse of the process of the Court; and O.14 A, RSC as a matter of a question of law and/or construction of documents. Respondent’s claim for liquidated damages for delay in delivery of Units by Applicant on practical completion in Development Agreement. Issue arising of effect of Project Architect’s unparticularised certification of an extension of time for practical completion of 125 days, on application of Applicant on several different grounds including a Stop-Work Order issued by Authorities because site was not safe, having regard to Clause 2.7 that such certification, “…shall be construed and relied upon as valid and any such certification shall be final, conclusive and binding on the parties hereto.” No issue as to fraud or dishonesty in the issue of certificate. Narrowness of defence of “manifest error”. Sara Hossein Assets Holdings Ltd. v Blacks Outdoor Retail Ltd. [2023] UKSC 2, at paragraphs 30-34]
Decision date: 29 Oct 2025
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