JUDGMENTS
Criminal Appeal No. 12 of 2019
[An appeal against a total sentence of 6 years’ imprisonment and 4 strokes imposed on the appellant father, on his pleas of guilty, to 4 charges of assaulting one daughter in an overall period of about five years, contrary to s. 354 B, when she was aged between 12 and 17 years, and two charges of assaulting another daughter, when she was aged 9 and 17 years respectively, contrary to S. 354 of the Penal Code, Cap. 22 was dismissed.]
Decision date: 19 Nov 2019
Criminal Appeal No. 6 of 2019
[Culpable homicide/manslaughter (s.304(1) Penal Code); plea accepted as alternative to murder; life sentence imposed; medical condition considered; case within broad band of worst type of culpable homicide warranting maximum sentence.]
Decision date: 18 Nov 2019
Criminal Motion No. 36 of 2019
[Sentence: Multiple charges including extortion, personating police officers, criminal intimidation, possession of offensive weapon, cheating and housebreaking. Sentences of 13 years and 2 months and 11 years and 8 months reduced to 11 years and 10 years respectively. Number of strokes also reduced. Late pleas of guilty should normally earn less than 1/3 discount.]
Decision date: 18 Nov 2019
Criminal Appeal No. 10 of 2019
[Sentence: Multiple charges including extortion, personating police officers, criminal intimidation, possession of offensive weapon, cheating and housebreaking. Sentences of 13 years and 2 months and 11 years and 8 months reduced to 11 years and 10 years respectively. Number of strokes also reduced. Late pleas of guilty should normally earn less than 1/3 discount.]
Decision date: 18 Nov 2019
Criminal Appeal No. 4 of 2019
[Criminal damage/mischief as incidental to substantive offence of housebreaking to have concurrent sentence; prosecution practice of additionally charging such offence; series of housebreaking offences and concurrent sentences; disparity of sentence for more minor offender.]
Decision date: 14 Nov 2019
Criminal Motion No. 31 of 2019
[ Sentence – s.454 housebreaking. Occupants of the house disturbed by the intruders. Guilty plea. First offender. 33 months imprisonment and 2 strokes upheld. ]
Decision date: 14 Nov 2019
Criminal Appeal No. 5 of 2019
[The appeal against a sentence of 4 months’ imprisonment imposed on the appellant in the Intermediate Court for her conviction, on her plea of guilty, to converting a pre signed cheque of her employer, which she made out and caused to be drawn in the sum of $65,000 contrary to s.403 of the Penal Code, was dismissed. ]
Decision date: 14 Nov 2019
Criminal Appeal No. 3 of 2019
[Criminal damage/mischief as incidental to substantive offence of housebreaking to have concurrent sentence; prosecution practice of additionally charging such offence; series of housebreaking offences and concurrent sentences; disparity of sentence for more minor offender.]
Decision date: 14 Nov 2019
Criminal Motion No. 20 of 2019
[ Sentence; 6 counts of rape of daughter aged 11. Abuse continued for 16 months prior to arrest. Appellant had a previous conviction for an identical offence concerning an elder sister of the victim for which a sentence of 14 years imprisonment had been passed in 2004. Appellant entered pleas of guilty on first day of trial after agreeing Statement of Facts which he had not agreed when the matter was first set down for trial 7 months earlier. Not an early plea of guilty therefore a 20% discount considered appropriate. ]
Decision date: 12 Nov 2019
Criminal Appeal No. 7 of 2019
[Sentence: Plea of guilty to s.5 Misuse Drugs Act (under 50 grams). Minimum sentence of 20 years and 15 strokes passed. Appeal dismissed.]
Decision date: 6 Nov 2019
Criminal Motion No. 1 of 2019
[conviction. Trial part-heard before a judge; the use of evidence in the trial before a second judge- section 29 of the Intermediate Court Act. Ruling against the prosecution application to use that evidence, in face of the opposition of the represented applicant; withdrawal of the opposition by the unrepresented applicant. No notes of proceedings describing those circumstances. Conviction unsafe; conviction quashed and; retrial ordered.]
Decision date: 1 May 2019
Criminal Motion No. 63 of 2018
[Sentence-total sentence of 4 years and 8 months’ imprisonment with two strokes imposed after pleas of guilty to 5 charges, including two charges of housebreaking, contrary to section 454, entirely appropriate. Discount of 4 months’ imprisonment for assistance to the authorities, post-sentencing and prior to appearing in the Court of Appeal, in being prepared to give evidence for the prosecution in the trial of a defendant in an unrelated matter in face of which the defendant pleaded guilty.]
Decision date: 30 Apr 2019
Criminal Appeal No. 19 of 2018
[Sexual abuse of young girls at a primary school; unsworn evidence of complainants; inadmissible evidence of reports by psychologist and social worker introduced by defence counsel; experts not called to give evidence; contents wrongly adduced by improper leading questions put to appellant by defence counsel at trial; alleged inconsistencies not proved: concurrent sentences on conviction of 6 years and 3 strokes approved.]
Decision date: 30 Apr 2019
Civil Appeal No. 16 of 2018
Criminal Appeal No. 2 of 2019
[Sentence – Housebreaking and theft offences committed with juveniles – Appropriate sentences of imprisonment passed – Principle of totality applied.]
Decision date: 29 Apr 2019
Civil Appeal No. 15 of 2018
[-]
Decision date: 29 April 2019
Civil Appeal No. 2 of 2019
Criminal Motion No. 6 of 2019
[ Sentence – Breach of trust – Non custodial sentence not appropriate in the circumstances – 25% discount for total delay from arrest to sentence of 5 years. An appropriate discount for delay always depends on the particular facts of each case.]
Decision date: 24 Apr 2019
Civil Appeal No. 1 of 2019
Civil Appeal No. 10 of 2019
Criminal Motion No. 7 of 2019
[Assault causing grievous harm: trial: unprovoked joint attack: use of metal bar: multiple injuries: sentence of 5 years and 5 strokes reduced to 4 years and 3 strokes: excessive and disproportionate to sentence on co-accused.]
Decision date: 24 Apr 2019
Criminal Appeal No. 24 of 2018, Criminal Motion No. 3 of 2019,Criminal Appeal No. 1 of 2019, Criminal Appeal No. 25 of 2018
[Trafficking and smuggling illegal immigrants: pleas of guilty: degrees of participation and involvement: disparity of sentences: starting points of sentences varied: fines set aside as inappropriate: orders for forfeiture of vehicles (s.357(2)) require inquiry as to competing claims. ]
ADIZAN BIN ASRI, AGUS SETIAWA BIN SUKRI, SUKRI BIN HAKIM v PUBLIC PROSECUTOR and others
COACM/24/2018. COACM/3/2019, COACM/1/2019, COACM/25/2018
Decision date: 23 Apr 2019
Criminal Motion No. 4 of 2019
[ Housebreaking offences and thefts of motor vehicles: pleas of not guilty: relevance of previous convictions: need for deterrent sentences: substantial fines not appropriate as an addition to long terms of imprisonment]
Decision date: 23 Apr 2019
Criminal Appeal No. 17 of 2018
Criminal Appeal No. 13 of 2018
[Appeal against conviction for possession of a purported Brunei Immigration Departure stamp, with intent that it be used for committing forgery, dismissed.
Sentence-appeal allowed; discount for delay from arrest on 12 June 2014 until sentence on 23 October 2018. Sentence of three years quashed and a sentence of two years and eight months’ imprisonment substituted.]
Decision date: 22 Apr 2019
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