Chong Siew Fai J:

This is an appeal by the prosecution against the sentence of whipping imposed on the appellant being made concurrent with the whipping sentence passed in another case also involving the appellant.

So far as is relevant to the instant appeal, the facts are briefly as follows. In Sibu Sessions Court Criminal Case No. 16/82 the appellant was convicted on his own plea of guilty of the offence of robbery by using a deadly weapon, a dagger, and was sentenced, inter alia, to 5 strokes of the rattan. In another Criminal Case No. 17/82 arising from which the present appeal is brought, the appellant was again convicted of another offence of the same nature on his own plea of guilty and was sentenced, inter alia, to 5 strokes of the rattan. This is what the learned trial President said in his judgment:

The offender is sentenced to five (5) years' imprisonment and with 5 strokes of the rattan. The sentence is to take effect from today. The substantive sentence (imprisonment) can be concurrent and there is no reason why additional sentence (whipping) cannot be concurrent (See e.g. s. 282(d) and s. 292(i) CPC). Such sentence is legal and that is all that matters. A goo