JUDGMENTS
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
Criminal Appeal No. 23 of 2018
[One charge of housebreaking by night for the purpose of theft, contrary to section 457 and three charges of theft in a dwelling, contrary to section 380 of the Penal Code. Breach of trust. Pleas of guilty and a clear criminal record. Totality. Appeal allowed.]
Decision date: 15 Apr 2019
Criminal Motion No. 2 of 2019
[Sentence – Appeal by Public Prosecutor (S.430 Cap 7) against sentence of 19 months imprisonment for forgery and personation of a police officer. Held not manifestly inadequate in the particular circumstances of the case]
Decision date: 10 Apr 2019
Criminal Appeal No. 18 of 2018
[ Sentence – Appeal by Public Prosecutor (S.430 Cap 7) against sentence of 19 months imprisonment for forgery and personation of a police officer. Held not manifestly inadequate in the particular circumstances of the case ]
Decision date: 10 Apr 2019
Criminal Appeal No. 24 and No. 26 of 2018
[Corruption – Presumption gratification accepted corruptly – Proof of direct link between a specific act or favour and a particular gratification unnecessary – Sentence – Medical condition of offender – Exceptional circumstances – Discretion of judicial mercy – Delay in prosecution and trial a mitigating factor.]
Decision date: 14 Mar 2019
Criminal Appeal No. 37 of 2018
[Sentence – Failing to pay domestic helper’s salary.]
Decision date: 13 Mar 2019
Criminal Motion No. 5 of 2019
[Consumption of methylamphetamine – Bad record of previous convictions – Sentence of 5 years’ imprisonment not excessive.]
Decision date: 11 Mar 2019
Criminal Motion No. 59 of 2018
[Payment of fine by monthly installments. ]
Decision date: 7 Mar 2019
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