JUDGMENT

Haidar Mohd Noor JCA:

All the six appellants were originally charged for an offence under s. 302 of the Penal Code read with s. 34 of the Penal Code. Midway through the prosecution case, the learned deputy public prosecutor amended the charge to one under s. 304 (1st limb) read with s. 34 of the Penal Code. All the appellants pleaded guilty to the amended charge (exh. P51) after they understood the nature and consequences of their pleas. The facts of the case were presented by the learned deputy public prosecutor (exh. P52). All of them admitted to the correctness of the facts.

After hearing the mitigation put forward by their respective counsel the learned judge sentenced each of them to fourteen years' imprisonment to take effect from the date of their respective arrest.

The appeal is in respect of their sentence only. There is a cross-appeal by the Public Prosecutor against their sentence.

As the appeal is against sentence and the facts are fully stated in exh. P52 (pp. 358 to 361 of the appeal record) we do not propose to set them out here.

The power of sentencing given to a trial court is a discretionary one and in order for us, as the appellate court, to disturb