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2025 MarsdenLR 6260
HIGH COURT SABAH & SARAWAK KUCHING
JEBAT MOHD ALI & ANOR – Appellant
Versus
PP – Respondent
[Criminal Appeal No: KCH-42H-12-7/2024]
An appellate court should be slow to interfere with sentencing unless manifestly wrong or excessive; sentences must reflect the seriousness of the crime while balancing public interest and personal circumstances.
Headnote:(A) Penal Code - Sections 395 and 397 - Appeal against sentences for gang robbery - First appellant and second appellant were convicted of armed gang robbery where deadly weapon was used during the commission - Dismissed the appeal and maintained sentences of ten years' imprisonment and five strokes of whipping each due to the seriousness of the offence and public interest in discouraging such crimes. (Paras 1-75)
(B) Appellate review - An appellate court must be cautious in interfering with sentences imposed by lower courts unless manifestly wrong or excessive - Each sentence affirmed aligns with the established sentencing principles reflecting proportionality and the guidelines of judicial discretion. (Paras 21-22, 70-71)
Facts of the case:
The Appellants were involved in a gang robbery where they threatened a victim with a machete, stealing belongings including a motorcycle. Following proper proceedings, they were sentenced after being convicted.
Findings of Court:
Sentences imposed were considered appropriate given the aggravating factors, including public safety and the nature of the crime.
Issues: Whether the sentencing judge's discretion was inappropriately exercised or if sentences were excessive.
Ratio Decidendi: Sentences properly reflected the offence’s severity and addressed public interest, warranting affirmation by the appellate court despite the Appellants’ mitigating circumstances.
Result: Appeal dismissed.
| 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) |
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 judgment.
[4] To maintain clarity, the Appellants will be referred to by their names Jebat (the 1st Appellant) and Nur Fadlizil (the 2nd Appellant) whenever they are mentioned individually,
B. The Proceedings In The Sessions Court
[5] The Appellants, along with one Mohd Izuddin Bin Alfian ("Izuddin"), were charged with the offence before the Sessions Court of Kuching in Case No KCH-62RS-11/4-2021 ("2021 case").
[6] In the 2021 case, Jebat and Nur Fadlizil were the 1st and 3rd Accused respectively, whereas Izuddin was the 2nd Accused.
[7] The charge against the Appellants and Izuddin in the 2021 case was as follows:
"That you together, on the 03rd of April 2021, at about 2.00 am at the SL. 131 Taman Juta Ria, Jalan Matang, in the District of Kuching, in the State of Sarawak committed a gang-robbery of a one motorcycle register number QCG3078 and Samsung Handphone Imei number 351389229606787 belong to (Fakhrul Hakim Bin Mohamad Zain KPT: 00729-13-0329) and during the commission of the offence, you were armed with deadly weapon to wit, a parang and thereby you have committed an offence punishable under s 395 of the Penal Code and read with s 397."
[8] The 2021 case was jointly tried with Kuching Sessions Court Case No KCH-62RS-14/9-2022 ("2022 case") wherein the Accused was one Awg. Ameril Amir Bin Awg. Mahmud ("Awang"). The charge against Awang was as follows:
"That you together with Jebat Bin Mohd Ali (NRIC: 950712-13¬6555), Mohd Izuddin Bin Alfian (NRIC: 980617-13-5287), Nur Fadlizil Ikram Bin Ismail (NRIC: 981122-13-5191) who had been charged vide case number KCH-62RS-11/4- 2021, on the 03rd of April 2021, at about 2.00 am at the SL 131 Taman Juta Ria, Jalan Matang, in the District of Kuching, in the State of Sarawak committed a gang robbery of a one motorcycle register number QCG3078 and Samsung Handphone Imei number 351389229606787 belong to (Fakhrul Hakim Bin Mohamad Zain KPT: 00729-13-0329) and during the commission of the offence, you were armed with deadly weapon to wit, a parang and thereby you have committed an offence punishable under s 395 of the Penal Code and read with s 397".
[9] Izuddin and Awang pleaded guilty to the charges against them on 14 February 2023 and 13 February 2023 respectively. Both were sentenced to six years' imprisonment and three strokes of whipping. Izuddin's imprisonment commenced on 14 February 2023, while Awang's sentence took effect from 18 August 2022.
[10] Jebat and Nur Fadlizil being the remaining accused persons in the 2021 case, claimed trial and were subsequently found guilty at the conclusion of the defence's case and convicted.
[11] Both were sentenced to ten years' imprisonment and five strokes of whipping ("the sentences"). Jebat's sentence commenced from the date of his arrest on 10 February 2024, while Nur Fadlizil's
