The respondent was charged in the Sessions Court, Kuala Lumpur with an offence of gang robbery under s 395 of the Penal Code (FMS Cap 45). The charge was that on 1 November 1986 at about 8.30 pm at Jinjang Utara, Kuala Lumpur the respondent, together with four other male persons who are still at large, with common intention under s 34 of the Penal Code committed gang robbery, and the amount of money robbed from the complaint was $47.

He claimed trial to the charge. At the end of the trial, he was found guilty. He was convicted by the learned president and sentenced to two years' imprisonment and ordered to pay compensation in the sum of $50.

The Public Prosecutor was dissatisfied with the sentence passed by the learned president and appealed against the said sentence.

The facts of the case may be summarized as follows. On 1 November 1986, at about 8.30 pm the complainant was at a pasar malam in Jinjang together with a friend. While they were there, they were surrounded by the respondent and four other male persons. The five male persons ordered them to go to a nearby field. In the middle of the field the complainant and his friend were asked to squat down. The respo