JUDGMENTS
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 Trial No. 14 of 2017
[Criminal law – Under section 454 Penal Code – Under section 457 Penal Code – Under section 456 Penal Code – Sentencing – Plea of guilty ]
Date of Sentence: 8 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
Criminal Appeal No. 7 of 2016
[Criminal law – Section 6(a) of the Prevention of corruption Act (cap 131) – Section 165 of the Penal Code (cap 22) – reliability of video evidence – sexual services – voluntariness of statement -]
Decision date: 17 Jan 2017
Criminal Appeal No. 14 of 2016
[Sentence – Cheating and using forged documents.]
Decision date: 5 Jan 2017
Criminal Appeal No. 35 of 2016
[Bail – Real risk defendant will abscond if bail granted – Appeal dismissed.]
Decision date: 3 Jan 2017
Criminal Appeal No. 17 of 2016
[Criminal Law — theft of steel ladder — guilty plea — under section 379 of the Penal Code, Cap 22 — appropriate sentence — whether sentence was manifestly inadequate]
Decision date: 28 Nov 2016
Civil Appeal No. 6 of 2016
[Order 88(1). Respondents as registered owners of land entitled to order for vacant possession of land. Trespassers raise no triable issue. Oral sale of the land 22 years ago]
Decision date: 24 Nov 2016
Criminal Appeal No. 24 of 2016
[Criminal – evidence – admissibility – whether evidence of psychologist admissible to show witness telling the truth]
Decision date: 24 Nov 2016
Criminal Appeal No. 18 of 2016
[Sentencing in corruption cases. Delay of 6 years considered. Rehabilitation during the delay. Extent of appellant’s knowledge of the full criminality. Concurrent sentences of 5 years imprisonment reduced to 3 years. Consecutive sentence of 6 months for non-payment of penalty and prosecution costs. Total to be served 3 years and 6 months imprisonment]
Decision date: 23 Nov 2016
Criminal Appeal No. 16 of 2016
[Sentence – appeal – Intermediate Court – individual sentences of under 20 years imprisonment resulted in effective prison term of 23 years 6 months – whether excessive]
Decision date: 22 Nov 2016
Criminal Appeal No. 22 of 2016
[Sentence – breach of trust punishable under section 408 Penal Code – appeal by PP on ground that sentence manifestly inadequate – delay – inordinate delay, effect on sentence]
Decision date: 22 Nov 2016
Criminal Appeal No. 23 of 2016
[Prosecutor’s appeal against sentence of 12 months imprisonment after trial. Respondent had been convicted under s.408 of Penal Code of criminal breach of trust when employed by the Baiduri Bank. Sentence increased to 20 months. Discount for delay]
Decision date: 21 Nov 2016
Criminal Appeal No. 12 of 2016
[Conviction under section 376(2) Penal Code (rape of 13 year old girl without her consent) CAP 22 upheld. Sentence of 15 years imprisonment and 12 strokes upheld. Breach of trust case in which appellant was a 30 year old serving soldier in a position of authority]
Decision date: 17 Nov 2016
Criminal Appeal No. 10 of 2016
Criminal Appeal No. 14 of 2016
[Total sentence of 74 months imprisonment and 2 strokes for a series of car thefts, one house trespass and one house breaking reduced on appeal to 5 years and 2 months imprisonment and 2 strokes]
Decision date: 16 Nov 2016
Criminal Appeal No. 20 of 2016
[Sentence – possession of 47.3004 grammes of Methylamphetamine section 5 Misuse of Drugs Act – appeal by PP – whether sentence of 20 years imprisonment by Intermediate Court manifestly inadequate – inordinate delay in trial – whether judge should have remitted respondent to High Court for sentence -– appeal dismissed]
Decision date: 16 Nov 2016
Criminal Appeal No. 19 of 2016
[Sentence – concurrent sentences of 12 months imprisonment for 2 offences of housebreaking contrary to s.454 Penal Code and a concurrent sentence of 2 months imprisonment for one offence of theft contrary to s.379 manifestly inadequate]
Decision date: 15 Nov 2016
Criminal Appeal No. 30 of 2016
[Theft from school on two separate days – Appropriate Sentence.]
Decision date: 2 Nov 2016
Criminal Trial No. 33 of 2015
[Criminal Law – Voluntarily causing grievous hurt – use of weapon (knife) – Offence under section 326 of the Penal Code, Cap 22.]
Decision date: 29 Oct 2016
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