JUDGMENTS
Criminal Appeal No. 39 of 2016
Criminal Appeal No. 4 of 2018
[Criminal Law — Section 146(1)(d) of the Excise Order 2006 — Appeal for longer period of
instalment payments.]
Decision date: 28 Mar 2018
Criminal Appeal No. 38 of 2016
[Corruption – Public body – Sentence.]
Decision date: 6 Jan 2018
Criminal Appeal No. 4 of 2017
[Conviction – Dealing with cigarettes with intent to evade excise duty – Magistrate’s findings of fact challenged – Approach of appellate court.]
Decision date: 4 Jan 2018
Civil Appeal No. 4 of 2017
Civil Appeal No. 4 of 2017
[Sale of car. Defects arose. Damages awarded under Sale of Goods Act and for negligence. Appeal allowed on quantum of special and general damages. Awards of aggravated and punitive damages ought not to have been made. Damages reduced. Counterclaim in defamation. No evidence to support a defence of justification in respect of one statement. Appeal allowed. Retrial before a different judge.]
Decision date: 29 Nov 2017
Civil Appeal No. 8 of 2017
Civil Appeal No. 7 of 2017
[Civil law, appeal against a judgment for money owed; judgment below inevitable in view of findings of fact on uncontradicted evidence; appeal dismissed with costs to respondent.]
Decision date: 27 Nov 2017
Criminal Appeal No. 16 of 2017
[Sentence – dishonest retention of stolen goods contrary to s411 Penal Code CAP 22. Appropriate discount for plea of guilty considered]
Decision date: 23 Nov 2017
Criminal Appeal No. 13 of 2017
[Criminal law – Sentence – s.409 CAP 22 breach of trust. Sentence reduced because of 3 years delay in prosecution. 18 months imprisonment upheld]
Decision date: 22 Nov 2017
Criminal Appeal No. 6 of 2017
[Criminal law –Appeal against two convictions of keeping a brothel and one people smuggling. Appeal dismissed]
Decision date: 22 Nov 2017
Criminal Appeal No. 5 of 2017
[Criminal law, sentence, housebreaking, theft, mischief (fire) and mischief (damage) overall sentence reduced from 5 years 5 months and 8 strokes to 4 years 8 months and 6 strokes]
Decision date: 22 Nov 2017
Civil Appeal No. 8 of 2017
[Appeal from a refusal to grant an amendment to a consent Summons relating to a family dispute over the ownership of land. Appeal allowed]
Decision date: 21 Nov 2017
Criminal Appeal No. 15 of 2017
[Criminal law, sentence, appeal by prosecutor, misappropriation of $4,802.00, whether sentence of 12 months imprisonment, manifestly inadequate. Appeal dismissed]
Decision date: 21 Nov 2017
Criminal Motion No. 24 of 2016
[Criminal Law – Criminal Procedure – Accused voluntarily causing hurt – Defence – Automatism – Insanity – Onus of Proof – whether the Defendant has the intention to cause hurt]
Public Prosecutor v Pg Mohammad Ezul Hazrin Bin Pg Hj Zohaini
CM/24/2016
Decision date: 18 Nov 2017
Criminal Appeal No. 11 of 2017
[Criminal law, sentence, section 7 (1) of the Trafficking and Smuggling of Persons Order 2004, on the facts 6 Years imprisonment and fine of $5,000.00 after trial not excessive]
Decision date: 16 Nov 2017
Criminal Appeal No. 12 of 2017
[Criminal Law, sentence- 2 offences of dishonestly appropriating property – s409 Penal Code – total sum $6,058.21 with partial restitution – concurrent sentences of 6 months increased to 12 months concurrent]
Decision date: 13 Nov 2017
Criminal Appeal No. 9 of 2017
[Sentence – Multiple offences of using forged Bankcards by 5 Chinese nationals at Brunei ATM machines. In two cases sentences of 13 years and 10 years after pleas of guilty manifestly excessive and reduced to 7 years and 6 years respectively. In a third case 6 years reduced to 5 years]
Decision date: 7 Nov 2017
Criminal Appeal No. 10 of 2017
[Sentence – Multiple offences of using forged Bankcards by 5 Chinese nationals at Brunei ATM machines. In two cases sentences of 13 years and 10 years after pleas of guilty manifestly excessive and reduced to 7 years and 6 years respectively. In a third case 6 years reduced to 5 years]
Decision date: 7 Nov 2017
Criminal Motion No. 27 of 2017
[Sentence – Multiple offences of using forged Bankcards by 5 Chinese nationals at Brunei ATM machines. In two cases sentences of 13 years and 10 years after pleas of guilty manifestly excessive and reduced to 7 years and 6 years respectively. In a third case 6 years reduced to 5 years]
Decision date: 7 Nov 2017
Criminal Motion No. 26 of 2017
[Sentence – Multiple offences of using forged Bankcards by 5 Chinese nationals at Brunei ATM machines. In two cases sentences of 13 years and 10 years after pleas of guilty manifestly excessive and reduced to 7 years and 6 years respectively. In a third case 6 years reduced to 5 years]
Decision date: 7 Nov 2017
Criminal Motion No. 25 of 2017
[Sentence – Multiple offences of using forged Bankcards by 5 Chinese nationals at Brunei ATM machines. In two cases sentences of 13 years and 10 years after pleas of guilty manifestly excessive and reduced to 7 years and 6 years respectively. In a third case 6 years reduced to 5 years]
Decision date: 7 Nov 2017
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
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