FONG KONG MENG & ANOR vs PP - 2019 MarsdenLR 616

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 MarsdenLR 616

FEDERAL COURT PUTRAJAYA
FONG KONG MENG & ANOR – Appellant
Versus
PP – Respondent

Petitioner Advocates:Gopal Sri Ram,Hisyam Teh Poh Teik ,Respondent Advocate: Roslan Mat Nor,Tetralina Ahmad Fauzi

Table of Content
1. review application for sentence modification under specific circumstances. (Para 1 , 2 , 3)
2. details of case facts and earlier trial outcomes. (Para 4 , 5 , 6)
3. applicants' facts lead to a significant shift in conviction under statutory provisions. (Para 7)

[1] The applicants made this application under r 137 of the Rules of the Federal 1995 ("r 137") to review and set aside the conviction and sentence under s 304(a) of the Penal Code ("Code") handed down by an earlier panel of the Federal Court on 4 April 2018 ("Earlier Panel"). Alternatively, the applicants are seeking for the case to be reheard before the Federal Court.

[2] The applicants' premise is that the Earlier Panel had caused a miscarriage of justice when they set aside the conviction and sentence under s 302 of the Code and substituted it with a conviction and sentence under s 304(a) of the Code instead of under s 304(b) of the same.

[3] We heard the appeal on 16 May 2019 and reserved judgment. We have carefully reconsidered submissions of respective counsel and we now deliver our decision and grounds.

The Background Facts

[4] The salient facts are these. The applicants were jointly charged for murder un

Click Here to Read the rest of this document