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 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
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
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
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
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

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.