JUDGMENTS
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
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 Trial No. 57 of 2017
[Criminal Law – S.448 Penal Code – S.451 Penal Code – Plea of Guilty – Sentencing. ]
Date of Sentence: 7 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 Trial No. 3 of 2017
[Criminal Law – Theft in a place of worship – S.230A Penal Code – Mischief – S436 Penal Code – Sentencing – Plea of Guilty.]
Date of Sentence: 2 Aug 2017
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