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Judicial CP - November 2004
BruneiDirect, 25 November 2004
Indian Overstayer Jailed And Caned
By Malai FadleyRizal and Rol Ezarn
Bandar Seri Begawan - The Bandar Magistrate's Court yesterday sentenced a 25-year-old Indian man to five months' jail and three strokes of the cane after he pleaded guilty to overstaying in the country for a month.
The immigration prosecuting officer told the court that Bazeer Hanifa remained unlawfully in the country up to November 4 this year after his visit pass had expired on October 2.
The court heard that Bazeer reported to the Immigration Enforcement Section regarding his passport that was being kept by a man, identified as Muthu Kumar, and intended to retrieve it from the man.
He said that he had given the passport for the extension of his visit pass but Muthu Kumar was believed to have flown home to India.
However, according to the prosecution, it was the defendant's responsibility to ensure his own legal status in Brunei Darussalam. -- Courtesy of Borneo Bulletin
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Borneo Bulletin, Bandar Seri Begawan, 28 November 2004
Sex offenders face tough new laws
By Azlan Othman
Sex offenders will face a range of tough new laws that include even a thirty-year prison sentence.
While convicted rapists could face up to thirty years behind bars, those committing incest will be liable to at least ten years in jail plus a hefty fine. Even adulterers will not be spared under the laws, as they will also be liable to five years imprisonment.
These laws were highlighted in a paper on the role of civil law in protecting women's rights delivered recently at the seminar on Women's Today.
Raping a girl under the age of 14-years-old or between 8-30 years carries 30 years imprisonment. Rattan strokes of not more than 12 times also await offenders if the victim is under 14-years-old.
Among the matters that need to be proved under rape charges, which come under Chapter 376 of the Penal Code, will be that intercourse was against the willingness and the desire of the person or with willingness where the man is not the husband of the girl/woman who thinks that she is the lawful wife.
In addition, it could also be through the willingness of the girl based on the fact that she was afraid of the offender.
Meanwhile under Chapter 354 of Penal Code, molesting carries an imprisonment of not less than two years and not more than five years and not more than 24 strokes of rattan for an adult and not more than 12 strokes for a youth.
Matters that need to be proved under this section are that force was used and there was intention to demoralise the person.
With regards to the Act pertaining to sexual intercourse which is against the law (Section 29), it carries an imprisonment of between two to seven years and strokes of rattan of not more than 24 times and 12 (for youth). Matters that need to be proved here are an attempt or sexual intercourse made with a girl under the age of 16, unless through marriage.
Meanwhile, incest which comes under Chapter 377A, an imprisonment of up to 10 years awaits the offender plus a fine. The matters that need to be proved here are, the man that carries-out sexual intercourse with the girl is the alleged biological father, grandfather, younger or older brother or relative and vice versa.
Adultery which comes under Chapter 178 (3), Section 77 of the Islamic Religious Act and Kadhi Court carries a five years imprisonment for the man and one year for the woman.
Besides the penal code to protect women's rights, there is the Children's Order 2000 that protects neglected and ignored girls below 18 years old.
Offences here include neglected, abandoned, ignored and exploited children, and the penalties are fine and imprisonment of up to 10 years.
Another law is the Child Protection Act 1999 where the court will decide on matters relating to protection, adoption and administration of the child's asset.
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