JUDGMENT

Zaleha Rose Pandin JC:

[1] The accused in this case was charged in the Sessions Court at Kuching under section s 395 of Penal Code and was found guilty and convicted after full trial. He was sentenced to ten (10) years of imprisonment and two strokes of (2) whipping.

[2] Unsatisfied with the decision, the accused person appealed against the conviction and sentence of the Learned Sessions Court Judge made on 11 March 2020.

The Charge

[3] The Charge made out against the accused person was:

"That you together, on 11 September 2019 at about 0420 hrs at RA Mart No 48 Lot 14487 Ground Floor s 65 Kuching Town Land District Komersil Swan Batu 4, Jalan Matang, in the District of Kuching, in the State of Sarawak, had committed gang robbery against Nurul Syafiqah Fadli (NRIC 001023-13-0778) and Mohd Irhaidy Bin Mohd Erman (NRIC 000607-13-0523) by robbing property belonging to their employer, to wit, cash monies amounting to approximately RM2000.00, Reload Cards and Dunhill cigarettes and at the time of the robbery, you were with armed with a deadly weapon, to wit, a parang, and you have thereby committed an offence punishable under s 395 of the Penal Code and to be read together with s