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2025 MarsdenLR 6074
HIGH COURT SABAH & SARAWAK SIBU
KALAI LAWAI – Appellant
Versus
PP – Respondent
[Criminal Appeals No: SBW-42H-3-1/2024]
A guilty plea serves as a binding admission of all essential elements of the offence, precluding claims of insufficient evidence for mitigating sentencing.
Headnote:(A) Penal Code - Sections 395 and 397 - Appellant/accused charged with gang robbery - Changed plea to guilty during trial - Sentenced to 10 years' imprisonment and 10 strokes of whipping - Court emphasized the serious nature of the offence and the need for a deterrent sentence. (Paras 5, 26, 27, 30)
(B) Guilty plea - Appellant contended inadequate consideration of weak evidence - Court ruled the guilty plea constituted a binding admission of essential offences, undermining claims of evidence insufficiency. (Paras 11, 18, 19)
(C) Sentencing Principles - Appellate courts will not interfere with lower court's sentence unless inadequate or excessive - Factors in sentencing include public interest and seriousness of the crime. (Paras 34, 36)
Facts of the case:
On 16 April 2023, the appellant/accused committed gang robbery at a convenience store using threats of violence. On 19 December 2023, the appellant changed his plea to guilty and was subsequently sentenced. (Paras 7, 4)
Findings of Court:
The learned Sessions Court Judge noted the serious nature of the crime and the trauma inflicted on the victim as significant in determining the sentence. (Paras 28, 30)
Issues: Whether the evidence against the appellant was sufficient and whether the guilty plea warranted a mitigated sentence.
Ratio Decidendi: A guilty plea serves as a solemn admission of all elements of the charged offence; therefore, claims of insufficient evidence do not merit a reduction in sentencing.
Result: Appeal dismissed.
| Table of Content |
|---|
| 1. appellant's procedural history and guilty plea (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. definition and punishment for gang robbery under the penal code (Para 7 , 8 , 9 , 10) |
| 3. arguments regarding the insufficiency of evidence (Para 11 , 12 , 13 , 14 , 15) |
| 4. legal effect of the guilty plea on the appellant's defense (Para 16 , 17 , 18 , 19 , 20) |
| 5. court's perspective on mitigating factors related to guilty pleas (Para 21 , 22 , 23) |
| 6. nature and social implications of armed gang robbery (Para 24 , 25 , 26) |
| 7. considerations of public interest in sentencing (Para 27 , 28 , 29 , 30 , 31) |
| 8. judicial standards for appellate review of sentencing (Para 32 , 33 , 34 , 35 , 36) |
[1] On 27 April 2023, the appellant/accused was brought before the Sessions Court, where he was charged with the offence of armed gang robbery under ss 395 and 397 of the Penal Code . No plea was recorded at that time.
[2] On 12 June 2023, the appellant/accused was again brought before the Sessions Court with an amended charge (marked as "X"), to which he pleaded not guilty.
See: p 3 of the Record of Appeal, Vol 2.
[3] On a case management on 15 August 2023, after the prosecution had served all relevant documents on the appellant/accused, the Sessions Court fixed the trial date for 19 December 2023.
[4] When the matter came up for trial on 19 December 2023, the appellant/accused changed his plea to guilty. The amended charge was once again read and explained to him. Upon being satisfied that the appellant/accused understood the charge and the brief facts presented, and after the admission of exhibits, the learned Sessions Court Judge proceeded to hear submissions from the prosecution on sentencing and the mitigation plea from the appellant/accused. The learned Sessions Court Judge then accepted the guilty plea and convicted the appellant/accused accordingly based on the amended charge.
[5] The Sessions Court sentenced the appellant/accused to 10 years' imprisonment from the date of sentencing (ie, 19 December 2023) and 10 strokes of whipping.
[6] Dissatisfied with the sentence imposed, the appellant/accused filed a Notice of Appeal on 8 January 2024.
[7] The amended charge preferred against the appellant/accused in the Sessions Court reads as follows:
"That you with two more persons who still at large, on 16 April 2023 at approximately 3.04am, located at Kedai Mini Mart 24 Jam Selangau, in the District of Selangau, in the State of Sarawak, was found to have committed gang robbery on one Itau Fealna Anak Naga (NRIC: 900812-13-5108) by committing extortion towards her and putting her in fear of instant death by shooting her with a shotgun if she fails to hand over money worth RM522.00. Thereby you all had committed an offence under s 395 read together with 397 of the Penal Code ."
[8] Section 395 of the Penal Code provides:
"395 Punishment for gang-robbery
Whoever commits gang-robbery shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to whipping. "
[Emphasis Added]
[9] Section 397 of the Penal Code provides:
"397 Robbery when armed or with attempt to cause death or grievous hurt
If at the time of committing or attempting to commit robbery, the offender is armed with or uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, such offender shall be liable to be whipped, in addition to any other punishment to which he may be liable under any other s of this Code."
[Emphasis Added]
[10] Section 391 of the Penal Code defines "gang robbery" as follows:
"391 Gang-robbery
When two or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and of persons present and aiding such commission or attempt, amount to two or more, every person so committing, attempting, or aiding, is said to commit "gang-robbery. "
[Emphasis Added]
[11] In his amended P
