JUDGMENTS

Criminal Appeal No. 8 of 2023

[Sentence – breach of trust punishable under Section 406 of the Penal Code – appeal by Public Prosecutor on ground that sentence is manifestly inadequate – respondent absent – section 282(2) Criminal Procedure Code]

PUBLIC PROSECUTOR v MELANIE SUMALPONG ORTIZ

HACM/8/2023

Decision date: 28 Dec 2023
Criminal Appeal No. 16 of 2023

[Criminal Law – Appeal – Magistrate Decision to refuse bail – Offence under Section 3(1)(b)
Criminal Asset Recovery Order (CARO) – Conspiracy under section 109 of the Penal Code – gravity of offences – foreign national – full and steady employment in Brunei – not a flight
risk – appeal allowed – bail granted]

BUI VAN TAM v PUBLIC PROSECUTOR

HACM/16/2023

Decision date: 19 Oct 2023
Civil Suit No. 30 of 2018

[Solicitors’ professional indemnity insurance – whether statements in proposal form voided contract – consideration of what is meant by “may give rise to a claim”]

TAKAFUL BRUNEI AM SDN BHD v EVERSHEDS HEP (a firm) (formerly known as HEP LAW OFFICE), STANDARD INSURANCE LIMITED (Third Party)

HCCS/30/2018

Decision date: 18 Oct 2023
Criminal Trial No. 13 of 2023

[Criminal Law – Bail Application – Offence under Section 302 of the Penal Code, Cap 22 – punishable with death – Remanded since 31st July 2021 – Awaiting Department of Scientific Services analyst’s report – gravity of offences – strength of prosecution’s case – propensity of violence based on previous conviction – risk of absconding – public interest – application dismissed]

Public Prosecutor v Mohamed Abdul Malik Fazil bin Mohamed

HCCT/13/2023

Decision date: 12 Oct 2023
Civil Suit No. 42 of 2022

[Striking out – whether defendants have immunity from legal proceedings – whether enforceable contract between parties – illegality of contract]

IR. Dato Paduka Malai Ali Bin Malai Hj Othman (trading under the name and style of Perkhidmatan Perundingan dan Pengurusan Ilmu Alim) v Brunei Darussalam Central Bank (Previously known as Autoriti Monetari Brunei Darussalam), Yusof Bin Haji Abdul Rahman [sued in his capacity as the then Managing Director of the 1st Defendant, Dayang Hajah Rokiah Binti Haji Badar [sued in her capacity as the present Managing Director of the 1st Defendant]

HCCS/42/2022

Decision date: 9 Oct 2023
Civil Suit No. 61 of 2021

[Striking out of writ and statement of claim – principles to be followed – whether pleading shows a reasonable cause of action]

Decklite Access (B) Sdn Bhd, Decklite Australis Pty Ltd v Brunei LNG Sdn Bhd

HCCS/61/2021

Decision date: 5 Oct 2023
Civil Suit No. 87 of 2021

[Appeal from order recusing lawyers from acting – test to be applied – relevance of possible evidence to matters in issue]

Pengiran Hajah Sharinah Binti Pg Dato Sharifuddin Pg Datin Shazainah Binti Pg Dato Sharifuddin [Suing as the Joint Administratrixes of the estate of Pg Dato Hj Sharifuddin Pg Metali, deceased) v Fleet Resources Development Sdn Bhd

HCCS/87/2021

Decision date: 3 Oct 2023
Criminal Appeal No. 13 of 2022

[Criminal Law – Section 420 and read with Section 109 of the Penal Code – 2 charges – plead not guilty – convicted – sentenced to 2 years 6 months for each charge – concurrent – appeal – conviction and sentence – will not disturb finding of facts – dismissed both appeal against conviction and sentence]

CHIEU VAN THIAN v PUBLIC PROSECUTOR

HACM/13/2022

Decision date: 26 Aug 2023
Criminal Appeal No. 15 of 2023

[Criminal Law – In furtherance of common intention to commit theft under Section 379 read with Section 34 of the Penal Code – pleaded not guilty – convicted – sentenced to fine of $2500 in default of 2 months imprisonment – appeal to pay fine by instalment – seriousness of offence and need to deter supersede family hardship – appeal dismissed]

LILAWATI BINTI MUSA (D3) v PUBLIC PROSECUTOR

HACM/15/2023

Decision date: 24 Aug 2023
Criminal Trial No. 13 of 2022

[Criminal Law – Rape – Two Charges Under section 376(2)(b) – a girl age 11 years old – pleaded guilty – Sentence – Consecutive sentences – 30 years 4 months and 20 strokes of whipping]

Public Prosecutor v Amirrul Haffizul Firdaus Bin Amir Umizan [Also known as Muhammad Firdaus Bin Amir Umizan]

HCCT/13/2022

Decision date: 12 Aug 2023
Criminal Trial No. 2 of 2020

[Criminal Law – Section 471 read with section 468 of the Penal Code, Chapter 22- dishonestly use as genuine certain documents- knew or had reason believed to be forged documents- section 420 of the Penal Code, Chapter 22-cheating-deception-dishonestly- Public Works Department – Store Unit-printer toner cartridges]

Decision date: 7 Aug 2023
Criminal Appeal No. 1 of 2023

[Criminal Law – possession of cigarettes and alcoholic drink-sentenced-appeal against fine and to pay fine by instalments dismissed-grace period extended]

NUR NADIAH BINTI MUHAMMAD AMIRUDDIN @ VIDIANA ANAK BADENDANG v PUBLIC PROSECUTOR

HACM/1/2023

Decision date: 29 Jul 2023

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