JUDGMENTS
Civil Appeal No. 2 of 2019
CHEN WENG KHIONG v CHEN KIM SIONG
COACV/2/2019
Decision date: 29 April 2019
Civil Appeal No. 10 of 2019, Civil Appeal No 1 of 2019
YONG TECK FOO v PG DATIN NORALAM BTE PG HJ MAHMOOD
COACV/10/2019, COACV/1/2019
Decision date: 24 April 2019
Civil Appeal No. 7 of 2018
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SYARIKAT KEJURUTERAAN SISTEMATIK SDN BHD v PG KARIM BIN PG BUSTAMAM
COACV/7/2018
Decision date: 17 April 2019
Civil Appeal No. 7 of 2018
[Part 36 offers, indemnity costs and interest; Claims on behalf of minors; appropriate for orders for indemnity costs.]
SYARIKAT KEJURUTERAAN SISTEMATIK SDN BHD v PG KARIM BIN PG BUSTAMAM
COACV/7/2018
Decision date: 26 Nov 2018
Criminal Motion No. 51 of 2018
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MD DZULFADLI BIN ABDULLAH (D1), NORLILAWATI BINTI AWANG HASSAN (D2), ADIB SUFI BIN MOHD ASRI (D5) v PUBLIC PROSECUTOR
COACM/51/2018
Decision date: 22 Nov 2018
Civil Appeal No. 14 of 2018
TRANS RESOURCES CORPORATION SWEE SDN BHD v DANIEL LEONG NYUK MING BRUNEI ECONOMIC DEVELOPMENT BOARD
COACV/14/2018
Decision date: 22 Nov 2018
Civil Appeal No. 12 of 2018
KWANG MIN KWEE v ALISAN JAYA SDN BHD
COACV/12/2018
Decision date: 22 Nov 2018
Civil Appeal No. 2 of 2018
[Contract – Appeal against trial judge’s findings of fact and on credibility of witnesses – appeal dismissed.]
KHO TECK BOON v CHUON TZU CONSTRUCTION COMPANY SDN BHD
COACV/2/2018
Decision date: 22 Nov 2018
Civil Appeal No. 12 of 2018
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KWANG MIN KWEE v ALISAN JAYA SDN BHD
COACV/12/2018
Decision date: 22 November 2018
Civil Appeal No. 2 of 2018
[Contract – Appeal against trial judge’s findings of fact and on credibility of witnesses – appeal dismissed]
KHO TECK BOON v CHUON TZU CONSTRUCTION COMPANY SDN BHD
COACV/2/2018
Decision date: 11 Nov 2018
Criminal Appeal No. 16 of 2018
[Sentence-appeal against a total sentence of 16 years’ imprisonment with 12 strokes following pleas of guilty to two counts of rape of two of his daughters, aged 11 and 14 years respectively, dismissed.]
Y BIN HG v PUBLIC PROSECUTOR
COACM/16/2018
Decision date: 21 Nov 2018
Criminal Motion No. 28 of 2018
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MOHD ZURIMI BIN HJ JUNAIDI v PUBLIC PROSECUTOR
COACM/28/2018
Decision date: 21 Nov 2018
Civil Appeal No. 4 of 2018
[Binding effect of “settlement agreement”]
RADIUS BIN YUYOI@LIM HOCK SON v IQMAL ELECTRICAL CONTRACTOR
COACV/4/2018
Decision date: 21 Nov 2018
Criminal Appeal No. 16 of 2018
[Sentence-appeal against a total sentence of 16 years’ imprisonment with 12 strokes following pleas of guilty to two counts of rape of two of his daughters, aged 11 and 14 years respectively, dismissed]
Y BIN HG v PUBLIC PROSECUTOR
CA/16/2018
Decision date: 21 Nov 2018
Civil Appeal No. 4 of 2018
[Binding effect of “settlement agreement”]
RADIUS BIN YUYOI@LIM HOCK SON v IQMAL ELECTRICAL CONTRACTOR
COACV/4/2018
Decision date: 21 Nov 2018
Criminal Appeal No. 11 of 2018
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PUBLIC PROSECUTOR v MARDHI BIN LIT (D1), HIRMAN BIN LIT (D2)
COACM/11/2018
Decision date: 19 Nov 2018
Civil Appeal No. 7 of 2018
[Duty of care on employers to scaffolders working at height: Risk assessment and
safe places of work; duty to enforce use of operative’s personal protection equipment;
cross-appeal on appropriateness of contributory negligence]
SYARIKAT KEJURUTERAAN SISTEMATIK SDN BHD v PG KARIM BIN PG BUSTAMAM
COACV/7/2018
Decision date: 19 Nov 2018
Criminal Appeal No. 11 of 2018
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MARDHI BIN LIT (D1), HIRMAN BIN LIT (D2) v PUBLIC PROSECUTOR
CA/11/2018
Decision date: 19 Nov 2018
Criminal Motion No. 49 of 2018
[ Bail – Prosecution’s grounds for opposing bail considered – defendants foreign nationals]
JAMARAT BIN MAHAL v PUBLIC PROSECUTOR
COACM/49/2018
Decision date: 15 Nov 2018
Criminal Motion No. 41 of 2018
[Bail – Prosecution’s grounds for opposing bail considered – defendants foreign nationals]
DARI ANAK BILONG v PUBLIC PROSECUTOR
COACM/41/2018
Decision date: 15 Nov 2018
Criminal Motion No. 40 of 2018
[Bail – Prosecution’s grounds for opposing bail considered – defendants foreign nationals]
ROZNOVKI ANAK DARI v PUBLIC PROSECUTOR
COACM/40/2018
Decision date: 15 Nov 2018
Criminal Motion No. 38 of 2018
[Sentence-the applicant pleaded guilty to three charge: 1st charge, outraging the modesty of his step-daughter, aged 13 to 14 years, contrary to section 354B of the Penal Code (3 years imprisonment); 2nd charge, observing and video recording his naked 16 year-old step daughter in her bedroom in the family home as she dressed following bathing, contrary to section 377H of the Penal Code (8 months imprisonment, consecutive to the 1st charge); and 3rd charge , consumption of Methylamphetamine, contrary to section 6 (b) of the Misuse of Drugs Act ($1,500 fine- payment forthwith, 3 months’ imprisonment in default.)
Appeal against sentence allowed: 2nd charge, the sentence of 8 months’ imprisonment was quashed and a sentence of 4 months’ imprisonment substituted, to be served consecutively to the sentence imposed on the 1st charge; the Court regretted the destruction by the prosecution of the recording and all copies prior to the hearing, albeit pursuant to an order of the judge sought by the prosecution; 3rd charge, the judge having made no enquiries as to the applicant’s means, the Court quashed the order that in default of payment of the fine, the applicant serve a sentence of 3 months imprisonment, to be served consecutively to the other sentences]
MOHAMMAD HAIREY BIN HAJI KAMIS v PUBLIC PROSECUTOR
COACM/38/2018
Decision date: 15 Nov 2018
Criminal Motion No. 29 of 2018
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MOHAMMAD SAIFUL ZAKY BIN HAJI SIMPOL v PUBLIC PROSECUTOR
COACM/29/2018
Decision date: 15 Nov 2018
Criminal Motion No. 38 of 2018
[Sentence-the applicant pleaded guilty to three charge: 1st charge, outraging the modesty of his step-daughter, aged 13 to 14 years, contrary to section 354B of the Penal Code (3 years imprisonment); 2nd charge, observing and video recording his naked 16 year-old step daughter in her bedroom in the family home as she dressed following bathing, contrary to section 377H of the Penal Code (8 months imprisonment, consecutive to the 1st charge); and 3rd charge , consumption of Methylamphetamine, contrary to section 6 (b) of the Misuse of Drugs Act ($1,500 fine- payment forthwith, 3 months’ imprisonment in default.
Appeal against sentence allowed: 2nd charge, the sentence of 8 months’ imprisonment was quashed and a sentence of 4 months’ imprisonment substituted, to be served consecutively to the sentence imposed on the 1st charge; the Court regretted the destruction by the prosecution of the recording and all copies prior to the hearing, albeit
pursuant to an order of the judge sought by the prosecution; 3rd charge, the judge having made no enquiries as to the applicant’s means, the Court quashed the order that in default of payment of the fine, the applicant serve a sentence of 3 months imprisonment, to be served consecutively to the other sentences.]
MOHAMMAD HAIREY BIN HAJI KAMIS v PUBLIC PROSECUTOR
COACM/38/2018
Decision date: 15 Nov 2018
Criminal Appeal No. 10 of 2018
[Conviction-the judge was entitled to choose between the conflicting evidence of the two psychiatric expert witnesses and had given adequate reasons for doing so.
Sentence-appeal allowed. The judge erred in sentencing in not giving effect to his finding that the appellant’s schizophrenic illness played a substantial causal contributory link to the commission of the offences. The Court of Appeal sentenced afresh: a discount of about one-third was afforded to the victim from the appropriate sentences. The sentence of 1½ years’ imprisonment imposed for the abuse that led to the disfigurement of the victim’s left breast, by the removal of the nipple, was inadequate and the appropriate sentence was 30 months imprisonment. The total sentence imposed on the appellant was 4 years’ imprisonment]
SITI ATIQAH BINTI MD RADUAN v PUBLIC PROSECUTOR
CA/10/2018
Decision date: 15 Nov 2018
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