Abdul Malik Ishak JCA (delivering judgment of the court):

INTRODUCTION

On 21 August 2009, the Johor Bahru High Court acquitted and discharged all the three appellants herein, namely:

(a)Muthu a/l M Vellu (‘the first appellant’);

(b)Ng Terk Chai (‘the second appellant’); and

(c)Goh Wee Kok (‘the third appellant’),

of the charge of committing murder of a female Indian child by the name of Maniarasi a/p Santhira Segaran (Birth Certificate No 947785) under s 302Penal Codes 34

After calling the defence of all the three appellants for the charge of committing murder of the said child under s 302Penal Codes 34s 392Penal Codes 397sentenced each of the appellants to ten years imprisonment with effect from the date of sentence (21 August 2009) and each of the appellants was ordered to receive three strokes of the rattan.

Aggrieved, all the three appellants now appeal against the sentence.

The public prosecutor appealed against the three appellants’ acquittals in respect of the murder charge under s 302Penal Codes 34

ARGUMENTS OF THE APPELLANTS ON SENTENCING

Mr Hisyam Teh Poh Teik, learned counsel for all the three appellants, submitted on the sentence imposed by the Johor Bahru High Court. He focussed