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1998 MarsdenLR 505

COURT OF APPEAL KUALA LUMPUR
LIM GUAN ENG – Appellant
Versus
PP & OTHER APPEALS – Respondent


Petitioner Advocates:Karpal Singh,J Amardas,Jagdeep Singh Deo,Gobind SinghDeo ,Respondent Advocate: Azahar Mohamed,Yusof Zainal Abidin,LC Tay

JUDGMENT

Gopal Sri Ram JCA:

Preliminary

[1] These four appeals came before us on 1 April 1998. Two of them were by Lim Guan Eng whom we shall, throughout this judgment, refer to as "the appellant". The first of these was directed against the conviction and sentence on a charge under s 8A of the Printing Presses and Publications Act 1984 ("the PPPA"). The second was directed against the conviction and sentence upon a charge under s 4(1)(b) of the Sedition Act 1948. The other two appeals were by the Public Prosecutor who complained that the sentence passed upon the appellant in respect of each proved offence was inadequate. Although the appeals by the Public Prosecutor were lodged earlier in point of time, we decided to hear the appellant's appeals first. Counsel for the appellant and the learned deputies who appeared for the respondent agreed to this course.

[2] After carefully considering the arguments addressed to us, we dismissed the appellant's appeal against conviction and sentence, but allowed the respondent's cross-appeal. We set aside the sentence passed upon the appellant by the High Court on each charge. We then sentenced the appellant to 18 months imprisonment on each charge

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