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2025 MarsdenLR 2653

HIGH COURT SABAH & SARAWAK KUCHING
JEBAT MOHD ALI & ANOR – Appellant
Versus
PP – Respondent


Table of Content
1. overview of appeal process and context. (Para 1 , 2 , 3 , 5 , 6 , 7 , 9 , 10)
2. details of the robbery incident and identification. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20)
3. principles governing appellate intervention. (Para 21 , 22)
4. appellants' grounds of appeal. (Para 24 , 26 , 27 , 28 , 29 , 30 , 32 , 34)
5. consideration of aggravating and mitigating factors. (Para 37 , 41 , 44 , 46 , 47 , 50)
6. court's ruling on the appropriateness of the sentences. (Para 64 , 70)
7. conclusion affirming the original sentencing. (Para 73)
JUDGMENT

Zaleha Mohd Yusuf Pan JC:

A. Introduction

[1] The Appellants appealed against their sentences ("the sentences") after claiming trial and being convicted of an offence under s 395 of the Penal Code (" PC ") read with s 397 thereof ("the offence").

[2] The appeal vide Notices of Appeal dated 24 June 2024 ("the Appeal") was heard on 11 December 2024. On 25 February 2025, this Court dismissed the Appeal and maintained the sentences imposed by the learned Sessions Court Judge.

[3] Following the Appellants' decision to appeal to the Court of Appeal against this Court's decision, the following sets out this Court's grounds of judgme

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