JUDGMENTS
Criminal Appeal No. 7 of 2017
[Sentence – Housebreaking into Royal property and theft of valuable items by a serving Police officer whilst on guard duty at the Royal property, 15 charges in all. 12 years imprisonment and 2 strokes upheld after a plea of guilty]
Decision date: 6 Nov 2017
Criminal Appeal No. 26 of 2017 & No. 27 of 2017
[Criminal Law and procedure — Appeal against convictions — under section 380, 379 and 411 of the Penal Code — invoking powers under section 168 of CPC— whether Magistrate erred in findings of facts — Appeal against sentences — appropriate sentences — whether sentences are manifestly excessive]
Decision date: 17 Oct 2017
Criminal Appeal No. 15 2017
[Cheating by employee of a public body – Appropriate sentence.]
Decision date: 29 Sep 2017
Criminal Appeal No. 13 of 2017
[Criminal Law and procedure — Appeal against convictions — under section 380 and 379 of the Penal Code — whether Magistrate erred in findings of facts — Appeal against sentence — appropriate sentence — whether concurrent sentence manifestly excessive]
Decision date: 27 Sep 2017
Criminal Appeal No. 19 of 2017
[Criminal law – sentence – knowingly in possession of unexcisable goods under section 146(1 (d) of the Excise Order 2006 – whether more time should be given to pay the fine.]
Decision date: 16 Sep 2017
Criminal Appeal No. 21 of 2017
[Criminal Law — appeal against disqualification — driving under the influence of alcohol — section 26(1)(a) of the Road Traffic Act, Cap 68]
Decision date: 30 Aug 2017
Criminal Appeal No. 17 of 2017
[Theft from a house – Guilty plea – Appropriate sentence.]
Decision date: 10 Aug 2017
Criminal Appeal No. 36 of 2016
[Criminal Law — theft of a motor vehicle — convicted after trial — section 379 of the Penal Code, Cap 22 — appropriate sentence — whether sentence was manifestly inadequate]
Decision date: 24 Jun 2017
Criminal Appeal No. 40 of 2016
[Headnote – Trafficking in a Class A drug, a probation order coupled with a community service order under the Offenders (Probation and Community Service) Act, Cap 220, is not the appropriate punishment for an offender convicted after trial of trafficking in 18.242 grams of Methylamphetamine (syabu).]
Decision date: 24 May 2017
Civil Appeal No. 3 of 2017
[Order 14 judgment for part of claim and interim payment granted by the registrar. The judge dismissed an appeal against the orders. The appeal against the judge’s order dismissed. No bone fide defence demonstrated.]
Decision date: 22 May 2017
Criminal Appeal No. 34 of 2016
[Criminal Law – section 146(1)(d) of the Excise Order 2006 – possession of un-excised cigarettes – time to pay fine – consecutive or concurrent default sentences.]
Decision date: 20 May 2017
Criminal Appeal No. 1 of 2017
[Sentence: whipping – court’s “discretion” provided by S.260 CAP 7 applies to the provisions of S.259 only. It does not apply to the provisions of S.258]
Decision date: 18 May 2017
Criminal Appeal No. 27 of 2016
[Appeal against conviction for breach of trust offence, s. 419 of the Penal code, and against sentence, dismissed]
Decision date: 18 May 2017
Criminal Appeal No. 25 of 2016
[Appeal against conviction for breach of trust offence, s. 419 of the Penal code, and against sentence, dismissed]
Decision date: 18 May 2017
Criminal Appeal No.26 of 2016
[Determination of point of law under section 291A of the Criminal Procedure Code. Charges under section 6 (a) of the Prevention of Corruption Act and section165 of the Penal Code based on the same factual evidence may be tried together as the charges require the proof of different elements. The jurisdiction of Court of Appeal under the section]
Decision date: 17 May 2017
Criminal Appeal No. 12 of 2016
[Criminal Law – section 146(1)(d) of the Excise Order 2006 – possession of un-excised cigarettes – time to pay fine.]
Decision date: 13 May 2017
Criminal Appeal No. 1 of 2017
Civil Appeal No. 9 of 2017
[Joint Venture Agreement – Temporary Occupation Licence revocable without notice for breach of any condition or term – breach of Joint Venture condition replicating condition of Temporary Occupation licence justification for repudiation of contract – condition not a warranty. Temporary Occupation Licence cannot create any right or tenancy over land]
Decision date: 12 May 2018
Criminal Appeal No. 3 of 2017
[Corruption: Sentence – 6 years imprisonment upheld – appellant employed by Brunei Shell Petroleum. Consecutive terms of imprisonment for default of payment of restitution and prosecution costs approved]
Decision date: 3 May 2017
Criminal Trial No. 27 of 2013
[Criminal Law – Possession of Methylamphetamine for the purpose of trafficking – whether presumption of possession, knowledge and possession for the purpose of trafficking is rebutted – Sections 2, 3A, 15, 16(1) and 16(2) of the Misuse of Drugs Act (Cap.27)]
Public Prosecutor v Mohd Sahrol Faisal Bin Salleh [D1], Nur Raihanah Binti Razami [D2] & Mohd Azwan Bin Ibrahim [D3]
HCCT/27/2013
Decision date: 1 May 2017
Criminal Trial No. 6 of 2016
[-]
Public Prosecutor v Mohd Aizamri Bin Nasri [D1] & Shah Rony@ Mohammad Zieyad Bin Abdul Rahman [D2]
HCCT/6/2016
Decision date: May 2017
Criminal Appeal No. 32 of 2016
[Criminal Law — Sentence — Driving under the influence of alcohol — Driving without a valid driving licence — section 26(1) and section 16 of the Road Traffic Act, Cap.68.]
Decision date: 4 Apr 2017
Criminal Appeal No. 8 of 2016
[Criminal Law — Appeal against sentence — currently facing sentence for a Penal Code offence — failing to report under Regulation 12(2)(a) of the Misuse of Drugs Act (Approved Institution and Treatment and Rehabilitation) Regulations, 1987 — consuming of Methylamphetamine — Class A controlled drug — contrary to section 6(b) of the Misuse of Drugs Act, Cap.27.]
Decision date: 9 Mar 2017
Criminal Appeal No. 48 of 2016
[No new point of law, evidence or procedure – not reportable.]
Judgment date: 18 Feb 2017
Criminal Appeal No. 23 of 2016
[Corruption – When a person accepts or obtains a gratification as an inducement or reward, the offence is committed whether the act in exchange for the gratification is to be done or forbone, or has been done or forbone.]
Decision date: 17 Jan 2017
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