DALAM MAHKAMAH RAYUAN MALAYSIA RAYUAN JENAYAH NO: W-05-220-2010

ANTARA 5

PENDAKWA RAYA
DAN 10

PERAYU

1. CHEONG KERH CHI 2. OOI KERH CHI

RESPONDEN

(DALAM PERKARA MENGENAI MAHKAMAH TINGGI KUALA LUMPUR PERBICARAAN JENAYAH NO: 45- 3 & 4 – 2009) 15 CORUM: NIHRUMALA SEGARA A/L M K PILLAY, JCA SULAIMAN DAUD, JCA MOHD HISHAMUDIN MOHD YUNUS, JCA

20

JUDGMENT 25 This appeal by the Public Prosecutor is against the inadequacy of sentence imposed by the High Court on the respondents for the offence of gang robbery under s.395 of the Penal Code which carries a maximum sentence of 20 years imprisonment and 30 whipping. Both the respondents were sentenced by the High Court to 12 years imprisonment from the date of arrest and 3 strokes of whipping. 1

The Courts must instill confidence in the public that such offenders will be incarcerated for as long as possible to ensure they can be rehabilitated and deterred from committing premeditated crimes before being allowed to return to 15 society as honest and law abiding persons. Sentences must not be illusive to the public in the light of the fact that all offenders serving terms of imprisonment are invariably eligible to1/3 remission of their term for good behavior. posing no threat to society. 2 . Deterrence and prevention must be in the forefront of the Court when assessing 10 sentence for this category of offence and any sentence passed must unequivocally reflect this.We are unanimous that the sentence was manifestly inadequate and have no hesitation in setting aside the sentence of the High Court and substituting same with a sentence of 18 years 5 imprisonment from date of arrest and 6 strokes of whipping on both the respondents. The learned High Court judge failed to consider sufficiently that the prime consideration for sentencing in offences such as this is the public interest.

395 of the Penal Code which only provided for a maximum term of 20 years imprisonment and whipping. The gold jewellery was valued at about RM500. both the accused. together with one other person still at large. in the midst of the trial both the accused elected to plead guilty to the alternative charge and saved themselves of any possibility of being sent to 10 the gallows on the principal charge. Kuala 15 Lumpur and fired a few shots off a firearm one of which hit a sales person who succumbed to the injury.3 of the Firearms (Increased Penalties) Act 1971 for a scheduled offence carrying the mandatory death sentence and an alternative charge for gang robbery punishable 5 under s.15 p. rushed into Kedai Emas Tomei. Neither the 20 jewellery stolen by the accused nor the firearm used at the time of 3 . Wangsa Maju. The accused instructed the staff to empty the glass cabinets in the shop of the jewellery therein into several bags and escaped therewith from the shop.m.000/-. Briefly. Both the accused claimed trial to the principal charge.The 1st and 2nd respondents were charged in the High Court with a principal charge under s. on 20/7/2008 at about 8. However. Carefour Shopping Centre.

4 . It 10 calls for punishment that would send a message of deterrence to others. who are like-minded. Both the accused are brothers. The 3rd person involved in the 5 gang robbery seems to have mysteriously vanished from the radar screen of the police either by the non co-operation of the accused to apprehend him or for other reasons best known to the police. to be restrained from becoming a menace and threat to the security of society. so clearly warrant a severe sentence because at the 15 time of the commission of the gang robbery not only was a firearm used but it also occasioned the death of an innocent and harmless sales person who posed no threat to the accused at the scene of the robbery in the jewellery outlet. The robbery was obviously a planned and premeditated offence. as in this case.the commission of the robbery has been recovered to date by the police. There must be no travesty of justice in the sentence imposed when the facts.

PILLAY) Judge Court of Appeal PUTRAJAYA Peguam Perayu: 15 Aslinda Binti Hj Ahad Timbalan Pendakwa Raya Jabatan Peguam Negara Malaysia Peguam Respondent: Tetuan Norma Goh & Co 20 Tetuan Gooi & Azura 12 MAY 2011 5 .K. Sentence of High Court set aside.Appeal allowed. Both respondents sentenced to 18 years imprisonment from date of arrest (19/8/2008) and six strokes of whipping. 5 10 (DATO’ NIHRUMALA SEGARA A/L M.

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