KC Vohrah J:

Introduction

On 12 May 1995 Lee Quat Leong (the deceased) was found dead whilst in police custody. Two police personnel, the two respondents, were on 22 January 1996 charged in the Sessions Court in Kuala Lumpur for having voluntarily caused hurt to the deceased for the purpose of extorting from the said person information which might have led to the detection of the offence of the housebreaking of Mayban Finance, Taman Cheras, Kuala Lumpur. The offence is one under s. 330 of the Penal Code and it carries a maximum sentence of seven years and a liability to a fine for a person convicted for the offence. The Sessions Judge convicted and sentenced each of the respondents to 18 months imprisonment on the charge.

There was no appeal against the sentences. After the period limited for the appeal had passed the elder brother of the deceased filed a notice of motion under Miscellaneous Criminal Application 44-1-96 for the High Court to, inter alia, revise the sentences that had been passed on the respondents. Two grounds were relied upon. One was that the sentences imposed were "manifestly inadequate having regard to the facts and circumstances" of the case (see par