JUDGMENTS
Criminal Motion No. 25 of 2024
[Criminal Law – Section 78(1)(b) of the Income Tax Act – leave to appeal out of time – leave to appeal for extension of grace period and payment by installment – in dismissing appeal and not granting leave, no reasonable prospect of success as grace period afforded by magistrate is in accordance with usual sentencing practice]
Nirob Sdn Bhd v Public Prosecutor
CM/25/2024
Decision date: 12 Dec 2024
Criminal Appeal No. 9 of 2024
[Criminal Appeal – Appeal against sentence – plea of guilty on 1st day of trial – full
discount of 1/3 not afforded – delay in prosecution – disproportionate total sentence of
7 years – Section 4(1) Computer Misuse Act – Section 379 Penal Code]
ON CHEE WEI v PUBLIC PROSECUTOR
HACM/9/2024
Decision date: 11 Dec 2024
Civil Suit No. 54 of 2021
[Family Law – Grant of Letters of administration –Plaintiff seeking grant of letter of Administration – Defendants objecting – 1st defendant instead applying for letters of administration – Plaintiff claims priority as surviving spouse – Defendants asserts plaintiff unable to discharge duties as administrator]
Decision date: 5 Dec 2024
Criminal Appeal No. 12 of 2024
[Criminal Law – bail – appeal by Prosecution against Magistrate decision to grant
bail – appeal allowed]
PUBLIC PROSECUTOR v SHANE LANGNELIAN ENAU
HACM/12/2024
Decision date: 30 Nov 2024
Civil Suit No. 63 of 2023
[Appeal from order striking out statement of claim – claim to set aside grant of letters of administration and for maladministration of deceased’s estate – whether properly pleaded – effect of Article 84C of the Constitution of Brunei Darussalam – consideration of concurrent proceedings in the Syariah Court]
Decision date: 25 Nov 2024
Civil Suit No. 1 of 2023
[Application for stay of proceedings as concurrent Syariah Court proceedings – whether circumstances justifying a stay have been shown – extent to which proceedings deal with the same matter]
Decision date: 25 Nov 2024
Civil Suit No. 49 of 2021
[Application to discharge prohibitory order – whether reasonable cause shown ]
Decision date: 23 Nov 2024
Civil Suit No. 11 of 2022
[Contract for dredging – whether entitled to liquidated damages for delay – whether evidence of causes of delays and responsibility for them – interpretation of contract – application of contra proferentum rule]
Decision date: 18 Nov 2024
Criminal Trial No. 7 of 2022
Public Prosecutor v M Bin T
HCCT/7/2022
Decision date: 16 Nov 2024
Originating Summons No. 54 and 55 of 2022
[Civil Law – Memorandum of Charge- Order for Notice of Sale of Properties.]
Malayan Banking Sdn Bhd v YAM Pengiran Putera Negara Pengiran Haji Omar PDP Pg Haji Apong
ÒS/54/2022, OS/55/2022
Decision date: 13 Nov 2024
Criminal Motion No 11 of 2024
[Applicant already on trial (part heard); adjourned to May 2025; on bail with conditions including impounding of passport; numerous applications before Intermediate Court Judge for release of passport; all refused on ground that high risk of absconding; numerous commercial links in other countries; travel outside Brunei Darussalam not essential for conduct of commercial interests. No change of circumstances. Previous absence for 2 years and associated breach of a bail condition on return heightens risk of failure to return for trial. Proper exercise of discretion by Judge throughout. Application refused.]
Decision date: 7 Nov 2024
Civil Suit No. 54 of 2022
[Application to consolidate under Order 4 of the RSC – whether permitted with an Intermediate Court case – whether common questions of law or fact – principles to be applied]
Joko Santoso v Hj Abd Rashid Bin Hj Mahmood
HCCS/54/2022
Decision date: 4 Nov 2024
Originating Summons No. 67 of 2022
[Application to recuse lawyers from acting – probability of solicitors being called as witnesses – whether in breach of Legal Profession (Practice and Etiquette) Rules 2015 – principles to be considered]
Mahdi Bin Haji Md Suhaili & 7 others v Syarikat Perusahaan Sinar Hijau Sdn Bhd
OS/67/2022
Decision date: 31 Oct 2024
Criminal Appeal No. 08 of 2024
[Outraging Modesty – Possession of obscene photographs of child – whether charge is defective – Appeal – Dismissed]
MUHAMMAD NAZIRUL AZMI BIN MASDI v PUBLIC PROSECUTOR
HACM/8/2024
Decision date: 28 Oct 2024
Criminal Motion No. 14 of 2024
[Criminal Law – Sentence – Consumption of Ketamine – Second Offender – Minimum Sentence – No arguable case – Application for leave to appeal dismissed]
Muhammad Mhar Lin bin Muhammad Louis v Public Prosecutor
CM/14/2024
Decision date: 26 Oct 2024
Criminal Motion No. 6 of 2024
[Criminal appeal – road traffic offence – causing death by dangerous driving –
section 27(1) Road Traffic Act (Cap 68) – appeal against sentence]
ELMER ENDAYA PASSION v PUBLIC PROSECUTOR
HACM/6/2024
Decision date: 5 Oct 2024
Criminal Motion No. 19 of 2024
[Criminal law – Bail – Leave of appeal out of time – No arguable case in the substantive appeal – Application – Dismissed]
Mohammad Ratano Bin Haji Ali [D2] v Public Prosecutor
CM/19/2024
Decision date: 5 Oct 2024
Criminal Trial No.12 of 2022
[Criminal Law – Section 377(2) of the Penal Code, Chapter 22 – 2 Charges – Convicted after trial – young children – sentence – serious offences – young victims – protection of children, young and vulnerable – rehabilitation and deterrence – consecutive sentences]
Public Prosecutor v M.M.M
HCCT/12/2022
Decision date: 2 Oct 2024
Criminal Appeal No. 19 of 2023
[Criminal Law – Section 6(b)Prevention of Corruption Act, Cap 131 read with Section 13 of the same – Acquittal – Appeal – Instigation runs and continues in accordance of purpose –
Magistrate decision is against the weight of evidence – appeal allowed – Magistrate
decision reversed – Sentence]
PUBLIC PROSECUTOR v CHIN CHEE VUN
HACM/19/2023
Decision date: 24 Sep 2024
Criminal Motion No. 16 of 2024
[Criminal law – Bail Revoked by Magistrate – Failure to Attend Court – Highly to Abscond and Fail to Appear Court – Appeal Dismissed]
Muhammad Nur Rezian Bin Abdullah v Public Prosecutor
CM/16/2024
Decision date: 21 Sep 2024
Criminal Trial No. 10 of 2024
[Criminal law – Bail Application – Dismiss]
Public Prosecutor v Sheikh Muhammad Mahdi Bin Hj Sheikh Edham
HCCT/10/2024
Decision date: 10 Sep 2024
Criminal Motion No. 10 of 2024
[Criminal Law – Notice of Appeal for extension of grace period – Excise Order 2006 – Appeal
Dismissed]
AHMAD BIN HJ OTHMAN v PUBLIC PROSECUTOR
HACM/10/2024
Decision date: 7 Sep 2024
Originating Motion No. 2 of 2024
[Civil Procedure – Application for recusal of presiding judge for winding up proceeding ]
ASIAEURO-TECH SENDIRIAN BERHAD v PT WINTERMAR
OM/2/2024
Decision date: 5 Sep 2024
Criminal Motion No. 10 of 2024
[Criminal Law – Bail application – leave to appeal out of time]
Pg Mohd Aisamuddin Bin Pg Hj Md Daud v Public Prosecutor
CM/10/2024
Decision date: 26 Aug 2024
Criminal Motion No. 2 of 2024
[Criminal Law and procedure – theft of a motor vehicle – common intention – section 379 and read with section 34 of the Penal Code – imprisonment – Prosecution appeal against sentence – manifestly inadequate – disparity in sentence – appeal allowed – sentence enhanced]
PUBLIC PROSECUTOR v ROSMIN BIN HAJI METUSSIN
HACM/2/2024
Decision date: 17 Aug 2024
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