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HIGH COURT SABAH & SARAWAK SIBU
KALAI LAWAI – Appellant
Versus
PP – Respondent
| 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
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