David Wong Dak Wah JC:

[1] On 7 February 2006 when I sat I had eight separate appeals and one cross appeal from the prosecution before me and on an application by the prosecution to deal with all the appeals together, I agreed to do so in view of the fact that they involved the same appellant with substantially similar offences and for convenience, I ordered that all the appeals be heard together. Also on an application by the prosecution to withdraw their cross appeal in the eighth case, I struck out the cross appeal.

[2] After hearing the submissions from the appellant and the learned DPP, I dismissed the appeals of the appellant. In so doing I indicated briefly that the learned magistrates in meting out their sentences had applied the correct law. Further I took into consideration of the history of the appellant and held the view that these are not cases which I sitting as the appellate court should intervene. In concluding my ex-tempore ruling I stated that I would give my reasons in the event of further appeal. As there is now an appeal by the appellant, these are my reasons.

[3] The charges against the appellant were as follows:

(i) First Case: Criminal Appeal 41-37-05 (M-83-410-2005-E)

1st Charge

That you, on 6 September 2005, at about 8.01pm at MASJA Complex, Petra Jaya, Kuching, in the state of Sarawak, committed robbery of one unit hand phone brand Nokia model 3315 valued at Ringgit Malaysia one hundred and fifty (RM150) which was property of Margaret Ak Ahian (F) then in her possession and you thereby committed an offence punishable under s. 392 of the Penal Code.

2nd Charge

That you, on 6 September 2005, at about 8.01pm at MASJA Complex, Petra Jaya, Kuching, in the state of Sarawak, committed robbery of one unit had phone brand NOKIA model 8210 valued at Ringgit Malaysia one hundred and sixty (RM160) which was property of Bohari Bin Bujang (M) then in his possession and you thereby committed an offence punishable under s. 392 of the Penal Code.

(ii) Second Case: Criminal Appeal 41-41-05 (M-83-401-2005-D/E)

That you, on 5 May 2005, at about 5.30pm at an open area at Dewan Undangan Negeri Complex, Petra Jaya, Kuching, in the state of Sarawak, committed extortion by intentionally putting one Mohd. Anwar Bin Jahaya (M) in fear of certain injury, to wit, threatening to injure him with a handcuff and thereby dishonestly induced him to deliver a certain property, to wit, one (1) unit hand phone brand Nokia valued at Ringgit Malaysia one thousand (RM1,000) and you thereby committed an offence punishable under s. 384 of the Penal Code.

(iii) Third case: Criminal Appeal 41-44-05 (M-83-405-2005-D/ B)

That you, on 8 September 2005, at about 2.15pm at MASJA Complex, Petra Jaya, Kuching, in the state of Sarawak, committed extortion by intentionally putting one Ainaa Maya Munira bte Ismail (F) in fear of certain injury, to wit, threatening to injure her with a handcuff and thereby dishonestly induced her to deliver a certain property, to wit the following:

(i) one (1) unit Nokia hand phone Model 6670

(ii) cash money RM300

to the total value to Ringgit Malaysia one thousand (RM1000) and you thereby committed an offence punishable under s. 384 of the Penal Code.

(iv) Fourth Case: Criminal appeal 41-43-05(M-83-403-2005-B)

1st Charge

That you, on 16 August 2005, at about 10pm at a spot along Jalan Bukit Siol, Petra Jaya, Kuching, in the state of Sarawak, committed robbery of one unit hand phone brand NOKIA 8250 valued at Ringgit Malaysia three hundred (RM300) which was property of Allens Fernandez Ak Charles (M) then in his possession and you thereby committed an offence punishable under s. 392 of the Penal Code.

2nd Charge

That you, on 16 August, 2005, at about 10.01pm at a spot along Jalan Bukit Siol , Petra Jaya, Kuching, in the state of Sarawak, committed robbery of one unit had phone brand Samsung X430 valued at Ringgit Malaysia two hundred (RM200) which was property of Nor Hazwani bte Sulaiman (F) then in her possessio