Wong Siong Tung J:

GROUNDS OF DECISION

Introduction

[1]There are two (2) appeals before this Court by Donald Anak Usin, the Appellant/Accused against sentences imposed by the Sessions Court at Sarikei in Criminal Case Nos. SKI- 62RS-1/2-2023 (relating to offence of armed gang robbery) and SKI-62-3/2-2023 (relating to offence of voluntarily causing grievous hurt by dangerous weapon).

[2]The appeals were registered in this Court as Criminal Appeal No. SBW-41H-1/6-2023 (relating to the conviction under Sections 395397Penal CodeSection 326Penal Code

[3]The appeals were heard together on 25-5-2024. Upon considering the Records of Appeal, the written and oral submissions of learned counsels for both parties, and the applicable law, this Court dismissed both appeals by the Appellant/Accused.

Background of the Proceedings in the Sessions Court(A) Sarikei Criminal Case No. SKI-62RS-1/2-2023 – Armed Gang Robbery

[4]On the morning of 28-2-2023, the Appellant/Accused, together with a co-accused (Man Anak Chukan), was charged in the Sessions Court at Sarikei under Section 395Penal CodeSection 397

[5]The charge against them is reproduced as follows:

Charge:

That you together, on the 29th of January 2023, at about 2100 hours, at unnumbered house, at Jalan Pasi Sarikei, in the district of Meradong, in the state of Sarawak, in furtherance of common intention, had committed gang robbery against Wee Tieng Beng (NRIC: 640203-13-5219) and Gita Anak Maja (NRIC: 740110-13-5314), to wit, two unit mobile phone brand YES and in committing such robbery was armed with a deadly weapon, to wit, a machete, and thereby committed an offence under Section 395Penal Codesection 397of the same Code.

Hukuman:

Shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to whipping. 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 section of the Penal Code.

[6]The Appellant/Accused and the co-accused both pleaded guilty after the charge was read and explained to them.

[7]After hearing mitigation and submissions, the learned Sessions Court Judge sentenced both the Appellant/Accused and the co-accused to twelve (12) years’ imprisonment from 31-1-2023 (date of arrest), together with six (6) strokes of whipping.

See: page 1 to 10, Record of Appeal -Volume 2 in Criminal Appeal No. SBW-41H-1/6-2023

(B) Sarikei Criminal Case No. SKI-62-3/2-2023 – Voluntarily Causing Grievous Hurt by Dangerous Weapon

[8]Later on the same day, 28-2-2023, the Appellant, together with another co-accused (Matius Anak Usin), was charged in the Sessions Court at Sarikei for offence under Section 326Penal CodeSection 34

[9]The amended charge against them was in the following terms:

Charge

That you together, on the 2nd day of January 2020 at about 1300 hours, located at SKIM B Oil Palm Plantation, Tanah Putih Sarikei, in the District of Sarikei, in the State of Sarawak, in the furtherance of common intention, had voluntarily caused grievous hurt to one, Hamdani Bin Abdul Raham (M) (Indonesian passport: Nil) by means of an instrument, which if used as a weapon of offence, is likely to cause death, to wit, a piece of rotten wood and as such you have committed an offence punishable under Section 326Penal CodeSection 34of the same Code.

Hukuman:

Whoever, except in the case provided by section 335voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or any scheduled weapon as specified under the Corrosive and Explosive Substances and Offensive Weapons Act 1958, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any e