JUDGMENTS
Criminal Motion No. 52 of 2020
[ Offences (2) under section 384 and 385 of the Penal Code; minimum sentences provided for; prosecution’s inaccurate drafting of particulars of both counts; wrong application of sections to the particular offences; sentences not affected: 3 years and 2 strokes under section 385 and 2 years and 1 stroke under section 384. Medical recommendation to Prison doctor. ]
Decision date: 9 June 2021
Criminal Appeal No. 13 of 2020
Criminal Appeal No. 14 of 2020
[ Sentence – Starting point of 11 years for s.3(A) Misuse of Drugs Act offence of 23.48 grams of Methylamphetamine approved – Discount for inordinate and inexcusable delay increased from 2 years to 3 years – Final sentence 8 years imprisonment.]
Decision date: 8 June 2021
Criminal Motion No. 49 of 2019
[ Criminal law – Multiple offences of housebreaking – Sentence – 4 years 8 months and 4 strokes upheld.]
Decision date: 8 June 2021
Criminal Appeal No. 18 of 2019
[Criminal law – Criminal breach of trust – Money laundering – Sentence – Discount for delay to be applied after and not before one third discount for guilty plea.]
Decision date: 8 June 2021
Criminal Motion No. 28 of 2020
Criminal Appeal No. 5 of 2021
[Sentence – Outraging modesty, s.354 Penal Code CAP 22 – Serious breach of trust between victim (aged 11) and appellant (aged 60) – Maximum sentence only appropriate for the worst cases – Appellant entitled to one-third plea of guilty for early plea – Sentence of 4 years imprisonment reduced to 3 years. ]
Decision date: 7 June 2021
Criminal Appeal No. 5 of 2020
[Smuggling and trafficking of persons contrary to sections 13(1) and 7(1) of the relevant order (2004); Respective roles of conspirators involved for sentencing purposes; decision of Court of Appeal in Maiyadi bin Marzuki distinguished in respect of previous good character; appeal allowed and sentence reduced.]
Decision date: 7 June 2021
Criminal Motion No. 4 of 2020
[Trafficking and smuggling of Persons Order, 2004; defence of entrapment rejected; omission of mitigation in sentencing procedure; reduction of sentence; sentence to run from date of remand into custody.]
Decision date: 5 June 2021
Criminal Appeal No. 7 of 2020
[ Sentence – Housebreaking by night Multiple offences – 4 years and 3 strokes upheld.]
Decision date: 3 June 2021
Criminal Motion No. 14 of 2020
[ Sentence – Possession of 12 $10,000 counterfeit notes being smuggled through Brunei airport – 6 year starting point approved – Credit given for time spent in custody prior to sentencing]
Decision date: 2 June 2021
Criminal Appeal No. 8 of 2020
[Criminal law – Robbery – Child victim – Appellant above 50 years old – Sentence of whipping not to be executed.]
Decision date: 26 May 2021
Civil Suit No: 83 of 2014
[-]
ALPHA ONE ENGINEERING SERVICES SDN BHD v SYARIKAT HAJI IDRIS KALONG SDN BHD
HCCS/83/2014
Decision date: 31 Dec 2019
Criminal Trial No. 843 of 2017
[convicted in absentia – Malay Islamic Monarchy – MIB concept – national philosophy – s.4(1)(c) of the Sedition Act]
Decision date: 12 Dec 2019
Criminal Trial No. 843 of 2017
[publishing seditious publication – section 4(1)(c) of the Sedition Act, Chapter 24]
Decision date: 12 Dec 2019
Civil Appeal No. 4 of 2019
[-]
Decision date: 27 Nov 2019
Criminal Motion No. 39 of 2019
[Sentence: Additional discount appropriate where defendant assists the prosecution in bringing other offenders to justice whether before or after his own sentence. The appropriate range of discounts considered. In the present appeal a further 6 months reduction in sentence granted]
Decision date: 27 Nov 2019
Civil Appeal No. 5 of 2019
[-]
Decision date: 27 Nov 2019
Criminal Appeal No. 8 of 2019
[Appeal allowed; the court quashed the judge’s orders that, on his pleas of guilty, the appellant receive three strokes for each of three offences contrary to s. 457 of the Penal Code, to a total of six strokes, and that the sentences of imprisonment commence on the date of sentencing and imposed two strokes for each offence, ordering that they be non-cumulative, and that the sentences of imprisonment commence on the date when the appellant was first remanded in custody, notwithstanding that after a month he had been detained under a Detention Order pursuant to the Criminal Law (Preventive Detention) Act, Cap. 150.]
Decision date: 26 Nov 2019
Civil Appeal No. 6 of 2019
Criminal Motion No. 30 of 2019
Criminal Appeal No. 13 of 2019
[Breach of trust; imprisonment generally inevitable; very exceptional circumstances vary with each case; relevance of restitution; sentence of 8 months imprisonment upheld. ]
Decision date: 21 Nov 2019
Criminal Appeal No. 16 of 2019
[An appeal against a sentence of 1½ years imprisonment and one stroke, imposed following the appellant’s conviction after trial of an offence of housebreaking of domestic premises at night, contrary to s.457 of the Penal Code, was dismissed. The judge was unduly lenient in imposing a sentence of 1½ years imprisonment, together with one stroke, having regard to the “inordinate delay” of more than 6 years since the commission of the offence]
Decision date: 21 Nov 2019
Criminal Appeal No. 15 of 2019
[ Sentence: Plea of guilty to s.323 assault – vicious attack leaving victim in “vegetative” state – Prosecutor’s appeal allowed against manifestly inadequate sentence of 3 months imprisonment. Sentence of 18 months substituted.]
Decision date: 20 Nov 2019
Criminal Appeal No. 14 of 2019
[ Sentence: Plea of guilty to s.323 assault – vicious attack leaving victim in “vegetative” state – Prosecutor’s appeal allowed against manifestly inadequate sentence of 3 months imprisonment. Sentence of 18 months substituted.]
Decision date: 20 Nov 2019
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.