JUDGMENTS
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
Civil Appeal No. 17 of 2006
[Assignment of future moneys due under contract – effective because made for consideration which passed, was expressed in present terms and was notified to debtor – against judicial manager who uses moneys to pay company debts – personal liability of judicial manager.]
The Judicial Manager (L & L) Engineering Corporation Sdn Bhd Under Judicial Management v Baiduri Bank Berhad
COACV/17/2006
Decision date: 4 Dec 2007
Civil Appeal No. 1 of 2007
[Issue of Certificate of Practical Completion by architect under a concurrent contract held to be valid. Appeal allowed. Cost sent back to trial judge to decide damages issue. Appeal dismissed on a 2nd claim.]
Pg Hj Tuah Bin Pg Hj Menudin (Puting) and 11 others v McBrumby Development Company (sued as firm) and 3 others
COACV/1/2007
Decision date: 3 Dec 2007
Civil Appeal No. 20 of 2005
[Limitation of actions – accrued right under Limitation Act 1967 – 2004 amendments to Interpretation and General Clauses Act 1959 do not have the effect that Emergency (Limitation) Order 1991 took away existing right – application of Marsal v Apong [1998] 1 WLR 674 – appeal against judgment for defendant dismissed.]
John Daniel Chong Lai Man v Major Haji Mohamad Hussain Bin Haji Mohamad
COACV/20/2005
Decision date: 3 Dec 2007
Criminal Appeal No. 10 of 2007
[Respondent aged 23 pleaded to 33 offences of dishonesty on 4 separate occasions in front of different tribunals. 9 years and 11 months to be served reduced to 8 years and 2 months to reflect total criminality. This is a heavy deterrent sentence for a young man of 23 without previous offending. Undesirable to sentence on 4 different occasions for parts of the same series of offences]
PUBLIC PROSECUTOR v Mohd Hamni Bin Mohd Edham (R1), Mohd Noh Bin Mohd Edham (R2)
COACM/10/2007
Decision date: 29 Nov 2007
Civil Appeal No. 11 of 2006
[nterest on costs runs from the date the judgment is given – the incipitur rule.]
Sayed Late Momin Shaikh v Syarikat Haji Abd Hamid Haji Bakar Dan Anak-Anak
COACV/11/2006
Decision date: 28 Nov 2007
Civil Appeal No. 6 of 2007
[Appeal against 0.14 grant of Summary Judgment; Refusal to allow ad hoc admission of English Queen’s Counsel; Appeal against that decision – Held: Decision wrong in so far as it took into account skill and qualifications of local counsel. Decision reverse on ground special skill and qualifications were required.]
Pg Dato Setia Yusof Bin Pg Dato Hj Sepiuddin v Baiduri Bank Berhad
COACV/6/2007
Decision date: 26 Nov 2007
Civil Appeal No. 6 of 2007
[Appeal against 0.14 grant of Summary Judgment; Refusal to allow ad hoc admission of English Queen’s Counsel; Appeal against that decision – Held: Decision wrong in so far as it took into account skill and qualifications of local counsel. Decision reverse on ground special skill and qualifications were required.]
Pg Dato Setia Yusof Bin Pg Dato Hj Sepiuddin v Baiduri Bank Berhad
COACV/7/2024
Decision date: 8 Oct 2025
Criminal Appeal No. 11 of 2007
[Appeal against decision by judge holding Notice of Motion was incorrect procedure in an application to recuse in course of criminal trial. Held – Jurisdiction of Court of Appeal is governed by Cap 44 and 45 of Criminal Procedure Code and an appeal in a criminal trial can only be made after conviction]
YAM Pengiran Indera Wijaya Pengiran Dr Haji Ismail Bin Pg Haji Damit, Wong Tim Kai v PUBLIC PROSECUTOR
COACM/11/2007
Decision date: 24 Nov 2007
Criminal Appeal No. 9 of 2004
[Appeal against conviction for two rapes of 13 year old daughter –credibility issue
resolved in favour of daughter- appeal dismissed. Appeal against total sentence of 20 years and 15 strokes concurrent with earlier sentence of 10 ½ years for 7 offences of using criminal force intending to outrage modesty against same daughter – serious offences – force and threats – sentence upheld]
Pg Hasmali Bin Pg Damit v PUBLIC PROSECUTOR
COACM/9/2004
Decision date: 15 Nov 2007
Criminal Appeal No. 5 of 2005
[Housebreaking and theft – appropriate approach to sentencing for multiple offences and
application of totality principle]
Mohammad Joll Bin Tumih (D1), Mohammad Sharifuddin Bin Abdullah (D2) v PUBLIC PROSECUTOR
COACM/5/2005
Decision date: 15 Nov 2007
Criminal Appeal No. 8 of 2007
[Long delay partly due to negotiations which resulted in the Public Prosecutor dropping some charges and preferring a lesser charge to which the Appellant pleaded guilty. Not a late plea in the circumstances. Delay of over 4 years not Appellant’s fault. Appellant entitled to usual discount for plea and some reduction for the excessive delay]
Ridzwan Bin Haji Mansor v PUBLIC PROSECUTOR
COACM/8/2007
Decision date: 12 Nov 2007
Criminal Appeal No. 12 of 2007
[Sentence – 4 housebreaking and 1 retaining property – guilty pleas – 4 years not
manifestly inadequate or manifestly excessive – appeals dismissed]
PUBLIC PROSECUTOR vWu Zhongping (A1), He Xiongbing (A2)
COACM/12/2007
Decision date: 10 Nov 2007
Criminal Appeal No. 4 of 2007
[Sentence – Culpable homicide not amounting to murder attack by armed group resulting
in death – 4 years clearly not excessive – appeals dismissed]
Gunasekaran Marunggapan [D1], Sahayaraj Soosai [D2], Pandian Arunakiri [D3], R. Mohan Raj Rengadas [D4] v PUBLIC PROSECUTOR
COACM/4/2007
Decision date: 10 Nov 2007
Criminal Appeal No. 12 of 2007
[Sentence – 4 housebreaking and 1 retaining property – guilty pleas – 4 years not
manifestly inadequate or manifestly excessive – appeals dismissed.]
PUBLIC PROSECUTOR v Wu Zhongping (A1),He Xiongbing (A2)
COACM/12/2007
Decision date: 10 Nov 2007
Criminal Appeal No. 6 of 2007
[Sentence passed less than the minimum under S. 3A and 2nd Schedule of the Misuse of Drugs Act Cap 27]
PUBLIC PROSECUTOR v Aliman Bin Haji Kalong
COACM/6/2007
Decision date: 7 Nov 2007
Criminal Appeal No. 5 of 2007
[Attempted rape of 13 year old school girl by family driver. Given position of trust sentence of 9 years after trial was appropriate]
Darsono Seno v PUBLIC PROSECUTOR
COACM/5/2007
Decision date: 6 Nov 2007
Criminal Appeal No. 9 of 2007
[A total sentence of 6 year and 7 months and 5 strokes for 3 offences of carnal knowledge of a boy aged 5 years and 7 months contrary of S. 377 of the Penal Code and 1 offence of outraging his modesty contrary to S. 354 held to be manifestly lenient. Appeal allowed and a sentence of 9 years imprisonment and 5 strokes substituted]
PUBLIC PROSECUTOR v Bahrin Bin Rejab
COACM/9/2007
Decision date: 5 Nov 2007
Civil Appeal No. 2 of 2007
[Principal debtor and guarantors sued by bank for amounts owing under loan agreement Action settled. Consent judgment embodying settlement agreement. Failure to make repayments stipulated in settlement agreement. Writ issued relying upon loan agreement. Summary judgment sought and granted in that action. Held, on appeal, that there was no entitlement to summary judgment in the action brought relying upon the original loan agreement as the consent judgment embodying the Settlement Agreement extinguished the original causes of action. Quare whether the position would be otherwise in a fresh action relying upon the consent judgment.]
Liaw Watt Lee, Tan Biew Peng, Lim Beng Kwang v Baiduri Bank Berhad
COACV/2/2007
Decision date: 24 May 2007
About GOV.BN | Research Us | Rate this Website
Digital Services
Overview of Digital Government
Digital Government Strategy & Initiatives
Digital Government Strategic Plans & Legislation
Other Information
Circular & Policy
Tenders & Quotations
TPOR for Government Agencies
Privacy Statement | Terms of Use | Disclaimer
Copyright Goverment of Brunei Darussalam. All Right Reserved.