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2022 MarsdenLR 1047

HIGH COURT SABAH & SARAWAK SIBU
HENRY UMPI EDWIN – Appellant
Versus
PP & OTHER APPEALS – Respondent


JUDGMENT

Christopher Chin Soo Yin JC:

Background

[1] The above 4 (four) Appellants were jointly charged in respect of the same incident. The matter was heard by the Learned Sessions Court Judge in Sibu on the 29 June 2021.

[2] All four accused were not represented, declined opportunity to engage Counsel and all four pleaded guilty to the charge after the same was read and explained to them. They further admitted to the facts of the case as being correct.

[3] They also pleaded for a lenient sentence and all represented that they were unemployed.

Charge

[4] The Appellants were charged as follows:

"That you together, on 10 May 2021 at about, at around 10.00pm, at a farmhouse in Batu 14, Jalan Oya, in the District of Sibu, in the State of Sarawak, had committed gang robbery against ADI FIRMANATO (Passport B4823962) and KRISBIANTORO (Passport B6849266), thereby all of you have committed an offence punishable under s 395 of the Penal Code ."

Brief Facts

[5] The brief facts of the case can be gleaned from the address of the Learned DPP to the Court in seeking a deterrent sentence (paraphrasing):

"The four accused had committed gang robbery at the premises of the complainant in order to gain access


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