Hamid Sultan JCA (delivering judgment of the court):

[1]Both the appellant/accused’s appeal against conviction and sentence came up for hearing on 25 January 2013 and upon hearing we were unanimous in allowing the appeals. My learned brothers Mohamed Apandi bin Hj Ali JCA and Linton Albert JCA have read the draft judgment and approved the same. This is our judgment.

[2]At the outset we must say this is a classic case of mistrial as well as miscarriage of justice. The judgment reflects that the learned trial judge had not directed her mind to the criminal procedure code, practice and procedure relating to criminal jurisprudence. Such a judgment is unusual in capital punishment cases. We will elaborate this issue in later part of the judgment.

[3]The first and the second appellant are represented by different solicitors. Learned counsel for the second appellant by and large adopts the submission of the first appellant. Learned counsel for the first appellant summarises the complaints to four issues which is reflected in the petition of appeal. They are as follows:

(a)the learned trial judge misdirected herself when she failed to direct her mind to the alternative charges preferred. Furth