JUDGMENTS
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
Criminal Trial No. 27 of 2015
[Criminal law – Causing grievous hurt with machete – Guilty plea – Appropriate sentence – Section 325 of the Penal Code. ]
Date of Sentence: 18 Nov 2015
Civil Appeal No. 3 of 2015
[Appeal purely on fact – trite law that in order to succeed the appellant must demonstrate that the judge’s decision was plainly wrong. In this he failed and appeal dismissed. Cross appeal allowed for interest before judgment on the sum awarded]
Decision date: 17 Nov 2015
Criminal Appeal No. 8 of 2015
[3 years and 10 months imprisonment imposed after plea on 55 year old man without previous convictions for smuggling 7 people into Brunei with the intention of driving them through Brunei. Prosecutor’s appeal and Defendant’s appeal dismissed and sentence of imprisonment upheld. Under s.7(1) of the Trafficking and Property Smuggling Order 2004 a fine is mandatory. Appeal allowed on failure to impose a fine]
Decision date: 12 Nov 2015
Criminal Motion No. 31 of 2015
[3 years and 10 months imprisonment imposed after plea on 55 year old man without previous convictions for smuggling 7 people into Brunei with the intention of driving them through Brunei. Prosecutor’s appeal and Defendant’s appeal dismissed and sentence of imprisonment upheld. Under s.7(1) of the Trafficking and Property Smuggling Order 2004 a fine is mandatory. Appeal allowed on failure to impose a fine]
Decision date: 12 Nov 2015
Criminal Appeal No. 9 of 2015
[Crtminal – sentence -simple possession of 323.7864 grammes of cannabis – plea of guilty at first opportunity – cooperation with NCB after arrest – previous drug convictions no reason to refuse one third discount – proper starting point 9 years, reduced to 6]
Decision date: 12 Nov 2015
Criminal Appeal No. 31 of 2015
[Criminal law – Payment of fine by monthly instalments.]
Decision date: 10 Nov 2015
Criminal Appeal No. 28 of 2015
[Criminal law – Sentence – Outraging modesty.]
Decision date: 9 Nov 2015
Civil Suit No. 8 of 2015
[Striking out claim – Constructive dismissal – Dismissal without just cause – Enforced early retirement – Summary dismissal – Termination by notice – Defamation]
Decision date: 2 Nov 2015
Criminal Appeal No. 29 of 2015
[Road Traffic – Sentence – Careless driving – Second offender – Lapse of time between convictions – Disqualification quashed – Section 29 (1) and 29 (2) of the Road Traffic Act.]
Decision date: 22 Oct 2015
Criminal Appeal No. 27 of 2015
[Criminal Procedure and Sentencing – Sentencing – Disqualification Order – Use of car without valid third-party insurance – Whether any “special reasons” warranting exemption from mandatory disqualification – Section 3(2) Motor Vehicle Insurance (Third Party Risk) Cap.90.]
Decision date: 3 Oct 2015
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