JUDGMENTS
Criminal Trial No. 22 of 2024
[Sentence – 11 joint charges – Offence under Section 457 PC read with section 34 of the same- House breaking by night in order to commit offence punishable with imprisonment- Section 34 PC- Acts done by several persons in furtherance of common intention – 4 individual charges- Section 379 PC – Theft- Crime committed by repeated offenders- Planned Professional criminal activity- Public Interest- Deterrent Sentence.]
Sentence date: 10 Mar 2025
Criminal Appeal No. 21 of 2024
[Criminal Law – Appeal against Rehabilitation Order imposed under section 29(4) of Misuse of Drugs Act – Rehabilitating is an opportunity to change rather than punishment – Appeal dismissed]
Decision date: 10 Mar 2025
Originating Summons No. 52 of 2024
[Civil procedure – application by respondent to strike out ex-parte eviction order – application granted – ex-parte order set aside ]
Decision date: 8 March 2025
Criminal Appeal No. 24 of 2024
[Criminal Appeal – Outrage modesty – S.354 Penal Code CAP 22 – Sentence after trial – 8 months’ imprisonment – Prosecution appeal on grounds (i) sentence manifestly inadequate (ii) Magistrate wrong to give one-third discount in sentence after trial]
Decision date: 5 Mar 2025
Criminal Motion No. 17 of 2024
[(1) Criminal Appeal – Leave to Appeal out of time – Appellant not explained of his right to appeal – Leave to appeal is granted out of right.
(2) Criminal Appeal – Appellant not given 1/3 discount in sentencing after pleading guilty at first opportunity – sentence altered to allow for 1/3 discount for guilty plea]
Public Prosecutor v Pun Chee Mann
CM/17/2024
Decision date: 5 Mar 2025
Criminal Appeal No. 17 of 2024
[Criminal Appeal – Appeal against Magistrate’s sentence – manifestly excessive and Magistrate failed to consider – all mitigating factors – Magistrate’s sentence appropriate – Appeal dismissed]
Decision date: 1 Mar 2025
Originating Motion No. 14 of 2023
[Application for leave to appeal out of time – procedural irregularity – leave to appeal granted – contract law – appeal against magistrate’s decision in dismissing plaintiff’s case – magistrate’s decision upheld – application dismissed]
Decision date: 17 Feb 2025
Criminal Trial No. 49 of 2024
[Sentence: Section 457 PC – house breaking by night with the intention to commit an offence punishable with imprisonment – multiple previous conviction – Public Interest- Deterrent Sentence – Appropriate Sentence]
Decision date: 17 Feb 2025
Criminal Trial No. 8 of 2025
[Sentencing: Joint charges – S 451 PC read with section 34 of the same – House trespass in order to commit theft – Common intention – Pleaded guilty- repeated offender – Public Interest -Deterrence sentence – Appropriate Sentence]
Decision date: 13 Feb 2025
Civil Suit No. 4 of 2024
[Injunction – Order 29 of the Rules of the Supreme Court (RSC) – Whether an injunctive relief is necessary to prevent the defendants from dissipating their assets, incomes or business – Whether an injunctive relief is necessary to prevent the defendants from leaving the country – Whether the defendants would be adequately compensated with damages – Whether an injunctive relief is required to maintain the status quo – Application dismissed]
Decision date: 4 Feb 2025
Criminal Trial No. 3 of 2023
PUBLIC PROSECUTOR V F BIN D
HCCT/3/2023
Decision date: 30 January 2026
Criminal Trial No. 13 of 2018
[Criminal Law – Sentencing – Section 409 Penal Code – Criminal breach of trust by a public servant – defendant found guilty after trail trial – defendant sentenced in absentia]
Decision date: 21 Jan 2025
Criminal Appeal No. 26 of 2024
[Sentence – breach of trust punishable under Section 406 of the Penal Code – appeal by Public Prosecutor on the ground that sentence is manifestly inadequate – appeal allowed – sentence enhanced]
Decision date: 18 Jan 2025
Criminal Appeal No. 15 of 2024
[Criminal Law – Misuse of Drugs Act – 3 counts of consumption under section 6(b) – fines imposed and grace period of 6 months given – appeal for extension of grace period – factors to be considered – appeal dismissed]
Decision date: 18 Jan 2025
Petition of Admission No. 8 of 2024
[Headnote: Legal Profession Act – Legal Profession (Practicing Certificate) Rules – Petition for admission as an Advocate and Solicitor of Brunei Darussalam – Whether the petitioner is a qualified person – Whether the petitioner had been in active practice for seven years – Whether the petitioner is of good character – Whether the petitioner’s referees for good character are suitable – Petition for admission allowed]
Decision date: 9 Jan 2025
Civil Appeal No. 11 of 2023
[Civil-personal injuries. Appellant-international consultant marine engineer. Appeal from Judge’s dismissal with costs of Appellant’s claim for damages for injuries suffered from fall to ground from Respondent’s vessel in dry dock in third-party’s shipyard, dismissed with costs, to be taxed if not agreed.
Vessel in care, custody and control of third-party shipyard. Respondent required third-party’s consent to enter shipyard and access vessel; facilitated Appellant’s entry.
Relationship between Appellant and Respondent. Judge’s findings upheld: Appellant was not employee and/or independent contractor of Respondent; Appellant inspecting vessel in hope his resulting report/quotation would secure acceptance of his future services by Respondent.
Respondent’s duty of care to Appellant. Even if Respondent owed a duty of care to Appellant and third-party shipyard was in breach of its own duty of care to Appellant, Respondent not in breach of its duty of care to Appellant: (i) third-party shipyard was competent and experienced, of which Respondent had personal knowledge; (ii)Appellant was experienced international consultant marine engineer; Respondent entitled to expect Appellant would recognise circumstances of compromised safety and act accordingly. ]
Decision date: 7 Jan 2025
Civil Suit No. 21 of 2022
[Contract law – charter party agreement – Appeal against registrar’s decision dismissing summary judgment application]
Decision date: 12 Dec 2024
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]
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]
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
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