JUDGMENTS
Criminal Appeal No. 2 of 2016
[Criminal law – Drug consumption – Subsequent offender – Whether sentence excessive.]
Decision date: 17 Mar 2016
Criminal Appeal No. 40 of 2014
[Criminal Case – Appeal – Sentence – Section 6(b) of MDA – 3 years custodial sentence.]
Decision date: 3 Mar 2016
Criminal Appeal No. 29 of 2014
Criminal Appeal No. 29 of 2014
[Appellant convicted of two offences under section 6(a) of the Prevention of Corruption Act Cap.131 and two offences under section 165 of the Penal Code Cap.22 — whether convictions unsafe and unsatisfactory — against the weight of the evidence — whether sentence of 36 months wrong in law and manifestly excessive]
Decision date: 12 Jan 2016
Criminal Appeal No. 30 of 2015
[Criminal law – Sentence – Causing death by dangerous driving – Disqualification for life from driving – Special reasons.]
Decision date: 11 Jan 2016
Criminal Appeal No. 42 of 2015
[Sentence — Driving a motor vehicle without being insured — insurance policy had expired for more than 2 years prior to the offence — special reasons — extension of grace period — financial difficulties — hindrance to the deterrent sentence — administrative burden to the court section 3(1) and 3(2) of the Motor Vehicles Insurance (Third Party Risks) Act, Cap 90 — disqualified from driving a motor vehicle for 12 months.]
Decision date: 3 Dec 2015
Criminal Appeal No. 19 of 2015
[Sentence for gang robbery (s.39L CAP 22) and rape (s.376(L) CAP22). Totality principle considered 18 years qnd 72 strokes reduced to L4 years and 72 strokes]
Decision date: 30 Nov 2015
Criminal Appeal No. 40 of 2015
[Criminal Procedure – retraction of plea of guilty – principles applicable – Section 175 of the Criminal Procedure Code.]
Decision date: 30 Nov 2015
Criminal Appeal No. 11 of 2015
[Joint charge of people smuggling – the presumption under section 7 (2) of the Trafficking and People Smuggling Order 2004 engaged – neither appellant succeeded in rebutting the presumption. Appeals against conviction dismissed]
Decision date: 26 Nov 2015
Criminal Appeal No. 10 of 2015
[Joint charge of people smuggling – the presumption under section 7 (2) of the Trafficking and People Smuggling Order 2004 engaged – neither appellant succeeded in rebutting the presumption. Appeals against conviction dismissed]
Decision date: 26 Nov 2015
Criminal Appeal No. 17 of 2015
[multiple offences committed over 5 months of serious professional housebreaking and the like – 27-year-old appellant without previous convictions – Sentenced to a total of 8 years imprisonment and 4 strokes with starting point of 12 years. In the circumstances 12 years as starting point excessive. Starting point reduced to between 10 and 11 years. Sentence reduced to 7 years imprisonment with 3 strokes]
Decision date: 25 Nov 2015
Criminal Appeal No. 25 of 2015
Criminal Appeal No. 23 of 2015
Criminal Appeal No. 20 of 2015
Criminal Appeal No. 24 of 2015
[Consideration in two separate appeals of the appropriate starting points and the application of the totality principle in multiple offences of dishonesty]
Decision date: 25 Nov 2015
Criminal Motion No. 16 of 2015
[Consideration in two separate appeals of the appropriate starting points and the application of the totality principle in multiple offences of dishonesty]
Decision date: 25 Nov 2015
Criminal Appeal No. 15 of 2015
[Appeal against conviction and sentence, Appeltant sentenced to 21 years imprisonment and 15 strokes for possession of 48.39L1 grqmmes of Methylamphetamine for the purpose of trafficking contrary to s.3A Misuse of Drugs Act CAP 27. Proper application oflegal presumptions under ss 15, 16 and 19 of Misuse of Drugs Act considered. Sentence not manifestly excessive. Appeals dismissed]
Decision date: 24 Nov 2015
Criminal Appeal No. 27 of 2015
[ Sentence – Theft from inside a place of worship contrary to s.380A Penal Code – Consideration of enhanced sentences for s.380A offences]
Decision date: 24 Nov 2015
Criminal Appeal No. 18 of 2015
[Sentence – Theft from inside a place of worship contrary to s.380A Penal Code – Consideration of enhanced sentences for s.380A offences]
Decision date: 24 Nov 2015
Criminal Appeal No. 22 of 2015
[Criminal – sentence – housebreaking with intent to commit theft – Section 451, Penal Code – Mischievous damage – Section 427, Penal Code – Bank premises entered and ATM machines damaged – Appeals against sentence dismissed]
Decision date: 24 Nov 2015
Criminal Appeal No. 21 of 2015
[Criminal – sentence – housebreaking with intent to commit theft – Section 451, Penal Code – Mischievous damage – Section 427, Penal Code – Bank premises entered and ATM machines damaged – Appeals against sentence dismissed]
Decision date: 24 Nov 2015
Criminal Appeal No. 7 of 2015
[Sentencing guidelines for the importation of Cannabis, a class A drug, contrary to s.5 of the Misuse of Drugs Act CAP 27]
Decision date: 23 Nov 2015
Civil Appeal No. 6 of 2015
[application for leave to appeal against refusal to order security for costs refused. Interlocutory application – Satellite litigation – Reluctance of Court of Appeal to grant leave in satellite litigation – Reasons considered]
Decision date: 21 Nov 2015
ICCS No. 43 of 2015
[application for leave to appeal against refusal to order security for costs refused. Interlocutory application – Satellite litigation – Reluctance of Court of Appeal to grant leave in satellite litigation – Reasons considered]
Decision date: 21 Nov 2015
Civil Appeal No. 5 of 2015
[application to strike out action against naval noncommissioned officers for alleged assault on recruit under training – Constitution, Articles 84 (b) (2) and 84C – Order 18 rule 18(1) and Order 86 rule 4 of Brunei Supreme Court Rules]
Decision date: 19 Nov 2015
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