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2025 MarsdenLR 1431

HIGH COURT SABAH & SARAWAK KUCHING
JEBAT MOHD ALI & ANOR – Appellant
Versus
PP – Respondent


JUDGMENT

Zaleha Mohd Yusuf Pan JC:

A. Introduction

[1] The Appellants appealed against their sentences ("the sentences") after claiming trial and being convicted of an offence under s 395 of the Penal Code (" PC ") read with s 397 thereof ("the offence").

[2] The appeal vide Notices of Appeal dated 24 June 2024 ("the Appeal") was heard on 11 December 2024. On 25 February 2025, this Court dismissed the Appeal and maintained the sentences imposed by the learned Sessions Court Judge.

[3] Following the Appellants' decision to appeal to the Court of Appeal against this Court's decision, the following sets out this Court's grounds of judgment.

[4] To maintain clarity, the Appellants will be referred to by their names Jebat (the 1st Appellant) and Nur Fadlizil (the 2nd Appellant) whenever they are mentioned individually,

B. The Proceedings In The Sessions Court

[5] The Appellants, along with one Mohd Izuddin Bin Alfian ("Izuddin"), were charged with the offence before the Sessions Court of Kuching in Case No KCH-62RS-11/4-2021 ("2021 case").

[6] In the 2021 case, Jebat and Nur Fadlizil were the 1st and 3rd Accused respectively, whereas Izuddin was the 2nd Accused.

[7] The charge against the App

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