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2025 MarsdenLR 1058
HIGH COURT SABAH & SARAWAK KUCHING
JEBAT MOHD ALI & ANOR – Appellant
Versus
PP – Respondent
[Criminal Appeal No: KCH-42H-12-7/2024]
An appellate court should not interfere with a sentence unless it is manifestly wrong or illegal; mere differences in opinion on sentencing do not justify intervention.
Headnote:(A) Penal Code - Sections 395 and 397 - The Appellants were convicted of gang robbery and sentenced to ten years' imprisonment and five strokes of whipping. The Court upheld the conviction and sentence, finding no unauthorized exercise of discretion or manifest excessiveness in the sentences imposed. (Paras 1, 2, 73, 75)
(B) Appellate Intervention - An appellate Court should be slow to interfere with a sentence unless it is manifestly wrong or illegal. The mere possibility of a different sentence does not warrant interference. (Paras 21, 73)
Facts of the case:
The Appellants, along with an accomplice, committed a gang robbery at the victim's home, armed with a machete. The robbery involved theft of personal belongings, including a motorcycle and mobile phones. (Paras 7, 12-16)
Findings of Court:
The Appellants' sentences were deemed appropriate given the seriousness of the crime and the absence of mitigating factors that would warrant a reduction in punishment. The Court emphasized public interest in sentencing. (Paras 50, 72)
Issues: Whether the trial judge exercised unauthorized discretion in sentencing and whether the sentences were manifestly excessive. (Paras 24)
Ratio Decidendi: The Court found no error in the trial judge's discretion and upheld the sentences as being within the permissible range, reflecting the seriousness of the offence. (Paras 70, 72)
Result: Appeal dismissed.
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 Appellants and Izuddin in the 2021 case was as follows:
"That you together, on the 03rd of April 2021, at about 2.00 am at the SL. 131 Taman Juta Ria, Jalan Matang, in the District of Kuching, in the State of Sarawak committed a gang-robbery of a one motorcycle register number QCG3078 and Samsung Handphone Imei number 351389229606787 belong to (Fakhrul Hakim Bin Mohamad Zain KPT: 00729-13-0329) and during the commission of the offence, you were armed with deadly weapon to wit, a parang and thereby you have committed an offence punishable under s 395 of the Penal Code and read with s 397."
[8] The 2021 case was jointly tried with Kuching Sessions Court Case No KCH-62RS-14/9-2022 ("2022 case") wherein the Accused was one Awg. Ameril Amir Bin Awg. Mahmud ("Awang"). The charge against Awang was as follows:
"That you together with Jebat Bin Mohd Ali (NRIC: 950712-13¬6555), Mohd Izuddin Bin Alfian (NRIC: 980617-13-5287), Nur Fadlizil Ikram Bin Ismail (NRIC: 981122-13-5191) who had been charged vide case number KCH-62RS-11/4- 2021, on the 03rd of April 2021, at about 2.00 am at the SL 131 Taman Juta Ria, Jalan Matang, in the District of Kuching, in the State of Sarawak committed a gang robbery of a one motorcycle register number QCG3078 and Samsung Handphone Imei number 351389229606787 belong to (Fakhrul Hakim Bin Mohamad Zain KPT: 00729-13-0329) and during the commission of the offence, you were armed with deadly weapon to wit, a parang and thereby you have committed an offence punishable under s 395 of the Penal Code and read with s 397".
[9] Izuddin and Awang pleaded guilty to the charges against them on 14 February 2023 and 13 February 2023 respectively. Both were sentenced to six years' imprisonment and three strokes of whipping. Izuddin's imprisonment commenced on 14 February 2023, while Awang's sentence took effect from 18 August 2022.
[10] Jebat and Nur Fadlizil being the remaining accused persons in the 2021 case, claimed trial and were subsequently found guilty at the conclusion of the defence's case and convicted.
[11] Both were sentenced to ten years' imprisonment and five strokes of whipping ("the sentences"). Jebat's sentence commenced from the date of his arrest on 10 February 2024, while Nur Fadlizil's sentence took effect from the date of sentencing on 14 June 2024.
C. Brief Facts Of The Case
[12] The facts of the case, as outlined by the learned Trial judge in his Grounds of Judgment show that the victim, PW2 was asleep at his uncle's house ("the house") in the early hours of 3 April 2021 when he heard knocking at the door.
[13] Peeping through the window, PW2 saw three men who claimed to be police officers. PW2 then opened the door, but upon doing so, he saw that there were in fact four men outside. One of the men, Awang, put a machete ("parang") on PW
