JUDGMENTS
Admiralty in Rem No 1, 3, 4 of 2018
[Tort of negligence – barges drifting away from mooring point resulting in allision against piles at pier – barges being moored at a mangrove riverbank affected by wind squalls – whether the doctrine of res ipsa loquitur applies – the role of an expert witness and the limits to using expert evidence – whether the mooring arrangement at the mooring point was adequate – whether the barges had a proper mooring configuration in place – whether the extraction operation carried out to retrieve the barges amounted to a novus actus interveniens which severed the chain of causation – whether it is necessary to apportion liability – what is the quantum of damages recoverable]
Daelim Industrial Co Ltd v The owners and/or demise charterers of the ship or vessel “Linau 129” & 2 Others
Admirally Rem/ No 1, 3, 4/2018
Decision date: 13 May 2023
Civil Appeal No. 4 of 2021
[Road Traffic accident and personal injuries]
Decision date: 1 Dec 2022
Civil Appeal No. 1 of 2021
[Duty of parties to plead cases fully, identify claims, not evidence, using other procedures such as Notices to Admit, to Produce and where appropriate Interrogatories. Purpose and role of Scott Schedule; Judicial role is not to supplement practitioners’ inadequate preparation]
Decision date: 29 Nov 2022
Criminal Appeal No. 5 of 2022
Criminal Motion No. 24 of 2021
[Sentence: s.457 Housebreaking by night; reduced discount of 1/6th for late plea approved: 4 years and 2 months and 2 strokes approved: Application dismissed]
Decision date: 26 Nov 2022
Criminal Motion No. 19 of 2022
Criminal Motion No. 14 of 2022
Criminal Motion No. 8 of 2022
[Sentence – s.326 causing serious hurt likely to cause death – 4 years imprisonment after trial – Strokes reduced from 4 to 3]
Decision date: 24 Nov 2022
Criminal Appeal No. 4 of 2021
[Causing damage by fire (s.435(1)(c)): need for social and psychiatric assessment; antecedent history to be filed at court; plea of guilty; starting point too high; discount to be one-third; sentence reduced to 6 years 8 months and 6 strokes: no power to reduce strokes to bring it in line with reduced period of imprisonment]
Decision date: 24 Nov 2022
Criminal Appeal No. 4 of 2022
[sentence-appeal dismissed. ICCT No. 72 of 2020: s.457, Penal Code, housebreaking at night, starting point of 7 year’s imprisonment for a single offence too high; discount of 42% for a plea of guilty excessive.
ICCT No. 44 of 2020: s.435, Penal Code, causing mischief by fire to a motor car;, starting point of 4 years’ imprisonment too high; discount of 43% for a plea of guilty, excessive. Discount of 25% only for allegedly late pleas of guilty from the starting point for sentence for an Alternative to Additional Charge 5 of housebreaking, contrary to s. 454, Penal Code, and an Alternative to Additional Charge 9 of committing mischief by wrongful damage to a motor car, contrary to s. 426, Penal Code, not justified; usual discount of one-third appropriate. ]
Decision date: 23 Nov 2022
Criminal Motion No. 18 of 2022
[Sentence: Guilty pleas to 5 charges contrary to s.380A CAP 22. Principle of totality considered. Sentence reduced from 42 months to 32 months and 2 strokes]
Decision date: 23 Nov 2022
Criminal Appeal No. 20 of 2020
[sentence-Libut’s appeal allowed in one respect only. Judge’s order that the effective date of sentence be the date of sentence, quashed; order made that the effective date of sentence was to run from the date the appellant was remanded in custody by an order made under the Criminal Law Preventive Detention Order. Sofianapplication for leave to appeal out of time dismissed. ]
Decision date: 22 Nov 2022
Criminal Appeal No. 1 of 2022
[sentence-application for leave to appeal out of time allowed; sentence of 8 years’ imprisonment, following a plea of guilty to an offence of mischief by fire, intending to cause damage or knowing it likely to be caused quashed; in its place, a sentence of 6 years and 8 months’ imprisonment imposed; no other orders. Total resulting sentence-7 years and 8 months’ imprisonment and 6 strokes]
Decision date: 22 Nov 2022
Criminal Motion No. 17 of 2022
Criminal Motion No. 3 of 2022
[sentence – Libut’s appeal allowed in one respect only. Judge’s order that the effective date of sentence be the date of sentence, quashed; order made that the effective date of sentence was to run from the date the appellant was remanded in custody by an order made under the Criminal Law Preventive Detention Order. Sofian application for leave to appeal out of time dismissed]
Decision date: 22 Nov 2022
Criminal Appeal No. 3 of 2022
[ Sentence: Taking obscene photographs (3 charges under s.293B of the Penal Code) and one charge contrary to s.354 of CAP 22. Pleaded guilty and clear record. Sentence of 6 years and 6 months plus 3 strokes excessive. Appeal allowed sentence reduced.]
Decision date: 22 Nov 2022
Criminal Appeal No. 16 of 2021
[Sentence – Housebreaking by night (s.457); considerable damage done to property. Bad criminal record. Convicted after trial. Sentence of 6 years and 3 strokes upheld]
Decision date: 21 Nov 2022
Criminal Appeal No. 9 of 2021
[sentence-appeal allowed; gang robbery, contrary to s. 395 and s. 398, Penal Code and housebreaking at night, s. 457; appellant’s evidence for the prosecution accepted at trial of a co-accused who was sentenced to 15 years’ imprisonment; 50% discount from starting points; 8 years’ imprisonment and 12 strokes, reduced to 6 years’ imprisonment and 12 strokes]
Decision date: 19 Nov 2022
Criminal Appeal No. 11 of 2021
[sentence, causing death of 5-month-old daughter (s.304(1) Penal Code) 15 yeas; causing GBH (s. 325-10 years and 2 strokes); failing to report to police (s. 176)-2 months. Total sentence: 20 years and 2 strokes. Appeal dismissed. Imposition of maximum sentence- within band of the worst type of case. No discount for pleas of guilty for s. 304 (1) and s. 325 offences- need to protect society and reflect public abhorrence. PP’s appeal against order of 2 strokes only dismissed- within judge’s discretion]
Decision date: 19 Nov 2022
Criminal Appeal No. 10 of 2021
[sentence, causing death of 5-month-old daughter (s.304(1) Penal Code) 15 yeas; causing GBH (s. 325-10 years and 2 strokes); failing to report to police (s. 176)-2 months. Total sentence: 20 years and 2 strokes. Appeal dismissed. Imposition of maximum sentence- within band of the worst type of case. No discount for pleas of guilty for s. 304 (1) and s. 325 offences- need to protect society and reflect public abhorrence. PP’s appeal against order of 2 strokes only dismissed- within judge’s discretion]
Decision date: 19 Nov 2022
Criminal Appeal No. 9 of 2021
[sentence-appeal allowed; gang robbery, contrary to s. 395 and s. 398, Penal Code and housebreaking at night, s. 457; appellant’s evidence for the prosecution accepted at trial of a co-accused who was sentenced to 15 years’ imprisonment; 50% discount from starting points; 8 years’ imprisonment and 12 strokes, reduced to 6 years’ imprisonment and 12 strokes]
Decision date: 19 Nov 2022
Criminal Motion No. 1 of 2021
[Appeals against convictions and sentence dismissed on offences of outraging the modesty of the appellant’s young daughters. Sentence of 13 years and 7 strokes upheld. ]
Decision date: 19 Nov 2022
Criminal Appeal No. 21 of 2021
[Sentence: total of 4 years imprisonment upheld following guilty pleas to 2 offences contrary to s.457 (Penal Code) and 2 offences contrary to s.454. Strokes reduced from 6 to 2 to reflect the pleas of guilty and question of totality]
Decision date: 19 Nov 2022
Criminal Appeal No. 13 of 2021
Criminal Appeal No. 12 of 2021
[Sentence: 5 offences of dishonesty including one of housebreaking by night (s.457 CAP 22). Overall term of imprisonment of 3 years and 4 months upheld. Number of strokes reduced from 3 to 2 because no discount had be given in the number strokes from the judge’s starting point]
Decision date: 19 Nov 2022
About GOV.BN | Research Us | Rate this Website
Digital Services
Overview of Digital Government
Digital Government Strategy & Initiatives
Digital Government Strategic Plans & Legislation
Other Information
Circular & Policy
Tenders & Quotations
TPOR for Government Agencies
Privacy Statement | Terms of Use | Disclaimer
Copyright Goverment of Brunei Darussalam. All Right Reserved.