[1] The appellants Low Kian Boon (or 1st appellant) and Tan Pei Yan (or 2nd appellant) appealed against the decision of the Court of Appeal (COA) rendered on 4 April 2009. The decision was the outcome of cross-appeals lodged by the PP as well as the two appellants against the decision of the High Court judge of 25 April 2006 whereby both the appellants were convicted under s 304(b) Penal Code (PC) and sentenced to imprisonment for a period of ten years to take effect from their dates of arrests.

[2] While the appellants appealed against the period of sentence of imprisonment the PP's appeal was against conviction and sentence as the charge as originally made against both the appellants was framed pursuant to s 302 PC. The High Court judge has substituted for a conviction under s 302 the conviction under s 304(b). The COA on appeal reversed