JUDGMENTS
Criminal Motion No. 15 of 2020
[Sentence, multiple housebreaking by night (s.457 Cap 22), 17 pleas of guilty. Planned professional criminal activity. Starting point of 15 years reduced to 13 years 6 months. Final sentence 9 years and 5 strokes]
Decision date: 12 Nov 2022
Criminal Motion No. 47 of 2020
Criminal Appeal No. 19 of 2020
[-]
Decision date: 12 Nov 2022
Criminal Appeal No. 7 of 2021
[Conviction: appeal dismissed; 3 charges s. 409 Penal Code-criminal breach of trust dishonest misappropriation, $17,400 of cash bail bond monies over 2 ½ years by Inspector of RBPF; repeatedly failed to hand over monies; handed over only $3,900 at the end; balance of $13,500 unaccounted for. Judge entitled to draw adverse inferences.
Sentence: total of 4 years’ imprisonment entirely appropriate; aggravating factorsabuse of position and authority over 2 ½ years-undermined public confidence in the integrity of RBPF; significant loss. Compensation order of $13,900 in favour of RBPFentirely proper. Appeal dismissed.]
Decision date: 12 Nov 2022
Criminal Motion No. 49 of 2020
[Sentence: serious abuse of trust by appellant sexually abusing his younger stepsister. Abuse started when the victim was 5 years old. 9 years and 4 months with 4 strokes upheld]
Decision date: 12 Nov 2022
Criminal Trial No. 19 of 2021
[Criminal law – Sentence- theft of property- house-trespass with the intention to commit theftsection 451of the Penal Code-pretend to hold office of a public servant-section 170 of the Penal Code-theft of property-section 379 of the Penal Code- guilty pleas- Deterrent sentence. ]
Decision date: 8 July 2021
Civil Appeal No. 3 of 2020
[Construction contract – arbitration clause – appeal allowed on the basis that there is
no “dispute” as defined by the arbitration clause – stay for arbitration refused]
Decision date: 7 July 2021
Criminal Appeal No. 3 of 2020
[Crime – Multiple criminal breach of trust (s.405 Penal Code Cap.22) and money laundering (s.3(1)(a)(b)(c) Criminal Assets Recovery Order 2012) offences by two public servants (husband and wife) in Brunei Judiciary involving $15.75 million – Appeals against convictions on 25 charges (1st appellant) and 6 charges (2nd appellant) dismissed. Unsuccessful grounds included – test for recusal of trial judge – stay for abuse of process – good character direction – complaint that judge “entered the arena” – consideration of s.177(3) Evidence Act – s.34 Penal Code – ss 370, 371 Criminal Procedure Code, –
Sentence – Appeal by Public Prosecutor against sentences of 10 years imprisonment (1st appellant) and 5 years imprisonment (2nd appellant) allowed – trial judge’s order that all sentences be served concurrently wrong in principle – partly consecutive sentences substituted – 10 years increased to 15 years (1st appellant) and 5 years increased to 7 years 6 months (2nd appellant) – relevant considerations – multiple offences, public interest, multiple victims, amount of money misappropriated, time span of overall criminality (over 10 years), principle of totality, prosecution appeal discount applied. Public Prosecutor’s appeal against acquittals on two charges of money laundering by 2nd appellant dismissed.]
Decision date: 6 July 2021
Criminal Appeal No. 6 of 2020
[Crime – Multiple criminal breach of trust (s.405 Penal Code Cap.22) and money laundering (s.3(1)(a)(b)(c) Criminal Assets Recovery Order 2012) offences by two public servants (husband and wife) in Brunei Judiciary involving $15.75 million – Appeals against convictions on 25 charges (1 st appellant) and 6 charges (2nd appellant) dismissed. Unsuccessful grounds included – test for recusal of trial judge – stay for abuse of process – good character direction – complaint that judge “entered the arena” – consideration of s.177(3) Evidence Act – s.34 Penal Code – ss 370, 371 Criminal Procedure Code, –
Sentence – Appeal by Public Prosecutor against sentences of 10 years imprisonment (1st appellant) and 5 years imprisonment (2nd appellant) allowed – trial judge’s order that all sentences be served concurrently wrong in principle – partly consecutive sentences substituted – 10 years increased to 15 years (1 st appellant) and 5 years increased to 7 years 6 months (2nd appellant) – relevant considerations – multiple offences, public interest, multiple victims, amount of money misappropriated, time span of overall criminality (over 10 years), principle of totality, prosecution appeal discount applied.
Public Prosecutor’s appeal against acquittals on two charges of money laundering by 2nd appellant dismissed]
Decision date: 6 July 2021
Criminal Appeal No. 4 of 2020
[Crime – Multiple criminal breach of trust (s.405 Penal Code Cap.22) and money laundering (s.3(1)(a)(b)(c) Criminal Assets Recovery Order 2012) offences by two public servants (husband and wife) in Brunei Judiciary involving $15.75 million – Appeals against convictions on 25 charges (1 st appellant) and 6 charges (2nd appellant) dismissed. Unsuccessful grounds included – test for recusal of trial judge – stay for abuse of process – good character direction – complaint that judge “entered the arena” – consideration of s.177(3) Evidence Act – s.34 Penal Code – ss 370, 371 Criminal Procedure Code, –
Sentence – Appeal by Public Prosecutor against sentences of 10 years imprisonment (1st appellant) and 5 years imprisonment (2nd appellant) allowed – trial judge’s order that all sentences be served concurrently wrong in principle – partly consecutive sentences substituted – 10 years increased to 15 years (1 st appellant) and 5 years increased to 7 years 6 months (2nd appellant) – relevant considerations – multiple offences, public interest, multiple victims, amount of money misappropriated, time span of overall criminality (over 10 years), principle of totality, prosecution appeal discount applied.
Public Prosecutor’s appeal against acquittals on two charges of money laundering by 2nd appellant dismissed]
Decision date: 6 Jul 2021
Criminal Motion No. 16 of 2021
[sentence: time spent in custody prior to sentence to be taken into account save in exceptional circumstances – 18 months imprisonment for single car theft reduced to 12 months]
Decision date: 30 June 2021
Criminal Appeal No. 3 of 2021
[Equivocal pleas: need for interpreters in appropriate language of defendant; statutory minimum sentences; Public Prosecutor and Court to ensure unrepresented defendants understand fully effect of plea to offence carrying such sentences before plea is taken and before mitigation is invited; failure to do so and risk of unfair process; transcripts to record direct speech and not summaries]
Decision date: 28 June 2021
Criminal Appeal No. 17 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]
Decision date: 23 June 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]
Decision date: 23 June 2021
Civil Appeal No. 7 of 2020
Civil Appeal No. 4 of 2020
Civil Appeal No. 7 of 2019
Civil Appeal No. 1 of 2020
[Assessment of damages for breach of tenancy agreement – award at trial upheld]
Decision date: 21 June 2021
Criminal Appeal No. 2 of 2021
[Equivocal pleas: need for interpreters in appropriate language of defendant; statutory minimum sentences; Public Prosecutor and Court to ensure unrepresented defendants understand fully effect of plea to offence carrying such sentences before plea is taken and before mitigation is invited; failure to do so and risk of unfair process; transcripts to record direct speech and not summaries]
Decision date: 17 June 2021
Criminal Appeal No. 12 of 2020
[Sentence – Possession of arms and ammunition Rule 17(1) Arms and Explosives Rules – Sentence of 7 years and 3 strokes appropriate before consideration of “delay”– inexcusable and inordinate delay – discount of 18 months]
Decision date: 17 June 2021
Criminal Appeal No. 16 of 2020
[Sentence-appeal dismissed; 3 and ½ years imprisonment and a fine of $5,000; engaging in the conveyance of two smuggled persons, contrary to section 10, Prevention of People Smuggling Order, 2019]
Decision date: 17 June 2021
Criminal Appeal No. 8 of 2021
Criminal Motion No. 51 of 2020
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.]
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. ]
Decision date: 9 June 2021
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