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2007 MarsdenLR 202

FEDERAL COURT PUTRAJAYA
LEE AH SENG & ANOR – Appellant
Versus
PP – Respondent


Petitioner Advocates:Hisyam Teh Poh Teik ,Respondent Advocate: Manoj Kurup

JUDGMENT

Alauddin Mohd Sheriff FCJ:

[1] I have had the advantage of reading the judgments of my learned brothers Abdul Aziz bin Mohamad, Nik Hashim bin Nik Ab Rahman and Azmel bin Haji Maamor, FCJJ and I agree with the reasons assigned and the decision arrived at in the judgment of my learned brother Abdul Aziz bin Mohamad FCJ and for this reason I would allow the appeals and quash the convictions and set aside the sentences imposed.

Arifin Zakaria FCJ:

[2] My learned brothers Abdul Aziz bin Mohamad, Nik Hashim bin Nik Ab. Rahman and Azmel bin Haji Maamor, FCJJ had each written a separate judgment. Abdul Aziz bin Mohamad, for the reasons given in his judgment, was of the view that the appeals ought to be allowed, whereas Nik Hashim bin Nik Ab Rahman and Azmel bin Haji Maamor were of the view that the finding of the learned trial judge as affirmed by the Court of Appeal ought to be upheld. Alauddin bin Mohd Sheriff had expressed his agreement with Abdul Aziz bin Mohamad. After reading the judgments of my learned brothers, I am inclined to agree with Abdul Aziz bin Mohamad that these appeals ought to be allowed for the reasons stated in his judgment. I would therefore allow the appeals a

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