JUDGMENTS
Criminal Motion No. 51 of 2020
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JUNAIDI MUHTAR ALI v PUBLIC PROSECUTOR
COACM/51/2020
Decision date: 10 June 2021
Criminal Appeal No. 10 of 2021
[Sentence – 6 years and 4 strokes upheld following guilty pleas for 2 offences of housebreaking at night and theft of a motor vehicle – partially consecutive orders correct – totality considered – habitual offender.]
HASMYZAN HAMZI HJ HASHIMI v PUBLIC PROSECUTOR
COACM/10/2021
Decision date: 10 June 2021
Criminal Motion No. 17 of 2020
[Sentence – s.326 Penal Code CAP 22, causing grievous hurt with weapon – Serious injuries – 5 years’ imprisonment upheld – Strokes reduced from 5 to 3. ]
MOHD JAYA BIN HASSAN v PUBLIC PROSECUTOR
COACM/17/2020
Decision date: 9 June 2021
Criminal Appeal No. 13 of 2020
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MOHAMMAD AZHAN BIN AWANG AHMAD v PUBLIC PROSECUTOR
COACM/13/2020
Decision date: 8 June 2021
Criminal Appeal No. 14 of 2020
[ Sentence – Starting point of 11 years for s.3(A) Misuse of Drugs Act offence of 23.48 grams of Methylamphetamine approved – Discount for inordinate and inexcusable delay increased from 2 years to 3 years – Final sentence 8 years imprisonment.]
SOFIAN BIN HJ MOHAMMAD SUOT v PUBLIC PROSECUTOR
COACM/14/2020
Decision date: 8 June 2021
Criminal Motion No. 49 of 2019
[ Criminal law – Multiple offences of housebreaking – Sentence – 4 years 8 months and 4 strokes upheld.]
Ak Muhammad Nazri Bin Pg Mohd Jasni v Public Prosecutor
COACM/49/2019
Decision date: 8 June 2021
Criminal Appeal No. 18 of 2019
[Criminal law – Criminal breach of trust – Money laundering – Sentence – Discount for delay to be applied after and not before one third discount for guilty plea.]
Hjh Roziah Binti Haji Talip v PUBLIC PROSECUTOR
COACM/18/2019
Decision date: 8 June 2021
Criminal Motion No. 28 of 2020
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RAUBANIZAM BIN HJ RAUB v PUBLIC PROSECUTOR
COACM/28/2020
Decision date: 7 June 2021
Criminal Appeal No. 5 of 2021
[Sentence – Outraging modesty, s.354 Penal Code CAP 22 – Serious breach of trust between victim (aged 11) and appellant (aged 60) – Maximum sentence only appropriate for the worst cases – Appellant entitled to one-third plea of guilty for early plea – Sentence of 4 years imprisonment reduced to 3 years. ]
BENJAMIN BIN HAJI ARIP v PUBLIC PROSECUTOR
COACM/5/2021
Decision date: 7 June 2021
Criminal Appeal No.5 of 2020
[Smuggling and trafficking of persons contrary to sections 13(1) and 7(1) of the relevant order (2004); Respective roles of conspirators involved for sentencing purposes; decision of Court of Appeal in Maiyadi bin Marzuki distinguished in respect of previous good character; appeal allowed and sentence reduced.]
NORHAYATI BINTI SUKRI v PUBLIC PROSECUTOR
COACM/5/2020
Decision date: 7 June 2021
Criminal Motion No.4 of 2020
[Trafficking and smuggling of Persons Order, 2004; defence of entrapment rejected; omission of mitigation in sentencing procedure; reduction of sentence; sentence to run from date of remand into custody.]
DARI ANAK BILONG v PUBLIC PROSECUTOR
COACM/4/2020
Decision date: 5 June 2021
Criminal Appeal No. 7 of 2020
[Sentence – Housebreaking by night – Multiple offences – 4 years and 3 strokes upheld.]
MUHAMMAD SHARIN BIN MUHAMMAD NORADAM v PUBLIC PROSECUTOR
COACM/7/2020
Decision date: 3 June 2021
Criminal Appeal No. 7 of 2020
[ Sentence – Housebreaking by night Multiple offences – 4 years and 3 strokes upheld.]
MUHAMMAD SHARIN BIN MUHAMMAD NORADAM v PUBLIC PROSECUTOR
COACM/7/2020
Decision date: 3 June 2021
Criminal Motion No. 14 of 2020
[ Sentence – Possession of 12 $10,000 counterfeit notes being smuggled through Brunei airport – 6 year starting point approved – Credit given for time spent in custody prior to sentencing]
MUNTAHAR v PUBLIC PROSECUTOR
COACM/14/2020
Decision date: 2 June 2021
Criminal Appeal No. 8 of 2020
[Criminal law – Robbery – Child victim – Appellant above 50 years old – Sentence of whipping not to be executed.]
Norazmi Bin Hj Tahir v Public Prosecutor
COACM/8/2020
Decision date: 26 May 2021
Criminal Motion No. 29 of 2019
[Sentence-reduced discount of sentence for post-sentencing assistance to the authorities; giving evidence for the prosecution at the trial of two co-accused; evidence accepted in convicting one co-accused; hostile witness-s. 154 and 145, Evidence Act-oral evidence rejected in respect of the other co-accused. ]
MOHAHAMAD ZUL EQRAM BIN HAJI ASMAD v PUBLIC PROSECUTOR
COACM/29/2019
Decision date: 23 June 2021
Criminal Trial No. 843 of 2017
[convicted in absentia – Malay Islamic Monarchy – MIB concept – national philosophy – s.4(1)(c) of the Sedition Act]
Decision date: 12 Dec 2019
Criminal Trial No. 843 of 2017
[publishing seditious publication – section 4(1)(c) of the Sedition Act, Chapter 24]
Decision date: 12 Dec 2019
Civil Appeal No. 4 of 2019
MASHHOR GENERAL CONTRACTOR SDN BHD / MASHHOR OFFSHORE PAINTING SERVICES v SEAWISE SDN BHD
COACV/4/2019
Decision date: 27 Nov 2019
Criminal Motion No. 39 of 2019
[Sentence: Additional discount appropriate where defendant assists the prosecution in bringing other offenders to justice whether before or after his own sentence. The appropriate range of discounts considered. In the present appeal a further 6 months reduction in sentence granted]
REZIUAN BIN HJ JAPAR v PUBLIC PROSECUTOR
COACM/39/2019
Decision date: 27 Nov 2019
Civil Appeal No. 5 of 2019
LISA DEVELOPMENT SDN BHD / HUA CHAN NAM v INNOTRADE AND EQUIPMENT
COACV/5/2019
Decision date: 27 Nov 2019
Civil Appeal No. 6 of 2019
VALERIANO GALVEZ PONCE v TAN SUI SENG
COACV/6/2019
Decision date: 6 Nov 2019
Criminal Motion No. 30 of 2019
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MOHAMAD FADILLAH BIN HAJI MUSLIM v PUBLIC PROSECUTOR
COACM/30/2019
Decision date: 25 Nov 2019
Civil Appeal No. 16 of 2018
JESWINDER SINGH BHAN SINGH v TAN SIEW KIEN
COACV/16/2018
Decision date: 29 April 2019
Civil Appeal No. 15 of 2018
YAN BOON KAI v KAI WANG SDN BHD / LAU KUNG CHING / AK ZAINI BIN PG HJ OTHMAN
COACV/15/2018
Decision date: 29 April 2019
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