JUDGMENTS
Civil Appeal No. 7 of 2018
[Duty of care on employers to scaffolders working at height: Risk assessment and safe places of work; duty to enforce use of operative’s personal protection equipment; cross-appeal on appropriateness of contributory negligence]
Decision date: 19 Nov 2018
Criminal Appeal No. 27 of 2018
Criminal Law — Possession of contraband cigarettes– Section 146(1)(d) of the Excise Order 2006 —appeal against sentence — asking for more time to pay fine—dilution of deterrent element of sentence.
Decision date: 15 Nov 2018
Criminal Motion No. 49 of 2018
[ Bail – Prosecution’s grounds for opposing bail considered – defendants foreign nationals]
Decision date: 15 Nov 2018
Criminal Motion No. 41 of 2018
[Bail – Prosecution’s grounds for opposing bail considered – defendants foreign nationals]
Decision date: 15 Nov 2018
Criminal Motion No. 40 of 2018
[Bail – Prosecution’s grounds for opposing bail considered – defendants foreign nationals]
Decision date: 15 Nov 2018
Criminal Motion No. 38 of 2018
[Sentence-the applicant pleaded guilty to three charge: 1st charge, outraging the modesty of his step-daughter, aged 13 to 14 years, contrary to section 354B of the Penal Code (3 years imprisonment); 2nd charge, observing and video recording his naked 16 year-old step daughter in her bedroom in the family home as she dressed following bathing, contrary to section 377H of the Penal Code (8 months imprisonment, consecutive to the 1st charge); and 3rd charge , consumption of Methylamphetamine, contrary to section 6 (b) of the Misuse of Drugs Act ($1,500 fine- payment forthwith, 3 months’ imprisonment in default.)
Appeal against sentence allowed: 2nd charge, the sentence of 8 months’ imprisonment was quashed and a sentence of 4 months’ imprisonment substituted, to be served consecutively to the sentence imposed on the 1st charge; the Court regretted the destruction by the prosecution of the recording and all copies prior to the hearing, albeit pursuant to an order of the judge sought by the prosecution; 3rd charge, the judge having made no enquiries as to the applicant’s means, the Court quashed the order that in default of payment of the fine, the applicant serve a sentence of 3 months imprisonment, to be served consecutively to the other sentences]
Decision date: 15 Nov 2018
Criminal Motion No. 29 of 2018
Criminal Appeal No. 10 of 2018
[Conviction-the judge was entitled to choose between the conflicting evidence of the two psychiatric expert witnesses and had given adequate reasons for doing so.
Sentence-appeal allowed. The judge erred in sentencing in not giving effect to his finding that the appellant’s schizophrenic illness played a substantial causal contributory link to the commission of the offences. The Court of Appeal sentenced afresh: a discount of about one-third was afforded to the victim from the appropriate sentences. The sentence of 1½ years’ imprisonment imposed for the abuse that led to the disfigurement of the victim’s left breast, by the removal of the nipple, was inadequate and the appropriate sentence was 30 months imprisonment. The total sentence imposed on the appellant was 4 years’ imprisonment]
Decision date: 15 Nov 2018
Criminal Appeal No. 15 of 2018
[Sentence-appeal against a sentence of 6 years’ imprisonment on a plea of guilty to an offence of arson in a commercial building, contrary to section 435 (1) (c) of the Penal Code, Cap. 22 dismissed. The offence was pre-planned by the appellant, a 57-year-old man with no previous convictions. Having driven in his motorcar to the premises from his home in the early hours of the morning, the appellant started the fire with a bottle of kerosene, which he ignited as a revenge attack against the owners of a neighbouring vendors Booth. Then, he left the premises and returned home in his motorcar. Over one hundred persons were evacuated from adjoining domestic premises. The damage to the premises was very extensive, the estimated cost of repair of which was $134,800]
Decision date: 14 Nov 2018
Criminal Motion No. 26 of 2018
[Sentence – appeal allowed; pleas of guilty, overall sentence of 16 years’ imprisonment for four counts of rape of his 16 years old daughter reduced to 14 years and 8 months’ imprisonment]
Decision date: 14 Nov 2018
Criminal Motion No. 14 of 2018
[Consideration of previous convictions as aggravating factors where relevant to sentence for current offence(s)]
Decision date: 14 Nov 2018
Criminal Motion No. 43 of 2018
[Sentence – Serious case of gang robbery contrary to s.391of the Penal Code – Prolonged violence used – 8 years imprisonment and 12 strokes not manifestly excessive – Sentence upheld]
Decision date: 13 Nov 2018
Criminal Motion No. 39 of 2018
[Court of Appeal has no jurisdiction to hear appeals from High Court against refusal of bail. High Court is not inferior or lower court. Court of Appeal and High Court are both part of Supreme Court of Brunei Darussalam]
Decision date: 8 Nov 2018
Criminal Motion No. 45 of 2018
[Court of Appeal has no jurisdiction to hear appeals from High Court against refusal of bail. High Court is not inferior or lower court. Court of Appeal and High Court are both part of Supreme Court of Brunei Darussalam]
Decision date: 8 Nov 2018
Criminal Appeal No. 14 of 2018
[ Sentence – 3 years proper starting point for s.451 housebreaking with intent to commit theft. No discount following conviction after trial]
Decision date: 8 Nov 2018
Criminal Appeal No. 23 of 2018
[Hiring out a woman for the purpose of prostitution – Appropriate sentence.]
Decision date: 7 Nov 2018
Criminal Motion No. 37 of 2018
[Sentence – 3 offences of housebreaking by night contrary to s.457 of the Penal Code. Valuable property stolen – 4 years and 2 strokes not manifestly excessive following pleas of guilty]
Decision date: 7 Nov 2018
Civil Suit No. 38 of 2016
[Summary Judgment – partial judgment of claim – variation of Court Order – offer or admission of claim – pre-judgment interest – judicial discretion]
Decision date: 5 Nov 2018
Criminal Trial No. 84 of 2018
[Sentence – Guilty plea to all offences – outraging modesty – Section 354 of the Penal Code – position of trust or authority – Section 354B of the Penal Code. ]
PUBLIC PROSECUTOR v ABDUL AZIZ
ICCT/84/2018
Date of Sentence: 1 Nov 2018
Criminal Appeal No. 9 of 2018
[Sentence-party to the forgery and use of 8 cheques, to a total value of $37,779, over a period of about 3 months, contrary to s.471 of the Penal Code, Cap. 22. Otherwise appropriate sentences of 24 months’ imprisonment on each charge, discounted by 3 months’ imprisonment to reflect unjustified delay of over 2 ½ years in bringing the appellant before the court]
Decision date: 1 Nov 2018
Criminal Trial No. 27 of 2014
[Criminal Law – Sentence – Forgery – overstaying (abetment) – dishonest misappropriation – section 473 of the Penal Code – section 15(1) of the Immigration Act – section 403 of the Penal Code – section 109 of the Penal Code. ]
Date of Sentence: 24 Oct 2018
Criminal Appeal No. 25 of 2018
[Causing hurt contrary to section 323 of Penal Code – Appeal for extension of time to pay fine dismissed.]
Decision date: 24 Sep 2018
Criminal Appeal No. 20 of 2018
[Possession of 12.74 gs of Cannabis – Appropriate sentence.]
Decision date: 6 Sep 2018
Criminal Appeal No. 9 of 2018
[Attempt to smuggle gasoline – Whether appellant should be given more time to pay fine.]
Decision date: 28 Aug 2018
Criminal Appeal No. 14 of 2018
[Possession of contraband cigarettes and alcoholic drinks – Gravity of offences and need to deter militate against allowing extension of time to pay fine.]
Decision date: 11 Aug 2018
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