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HIGH COURT (SIBU)
WONG SIONG TUNG, J
Donald ak Usin – Appellant
Versus
Public Prosecutor and another – Respondent


Advocates:
Kenny Lau Thai Yak (David Allan Sagah & Teng) (Yayasan Bantuan Guaman Kebangsaan) for the appellant/accused.
Mark Kenneth Netto (Deputy Prosecutor, Attorney General’s Chambers) for the respondent/prosecution.

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,

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