court of appeal criminal appeal no: q-05-123-2009 between

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6 (c) that at the time of the commission of the offence, their ages were in this order; (i) the first appellant was 18 years 6 months and 3 days old; (ii) the second appellant, a child offender, was 16 years 11 months and 27 days old; (iii) the third appellant was 19 years 6 months and 21 days old; and (iv) the fourth appellant was 23 years 3 months and 8 days old. (d) that they all came from poor family backgrounds and had no proper education: (i) the first appellant attended school up to primary six at Sekolah Kebangsaan Beladin; (ii) the second appellant, a child offender, did not go to school at all; (iii) the third appellant attended school up to Form 5 at Sekolah Menengah Kebangsaan Santubong; and (iv) the fourth appellant attended school up to primary six at Sekolah Kebangsaan Beladin. [11] We also considered the probation reports prepared by Encik Norazman bin Abdul Rahim from the welfare office at Kuching, Sarawak
7 dated 14.5.2009. The probation reports on all the four appellants indicated that they were fishermen by profession and that their incomes were not fixed and dependent on the “catch” of the day. [12] We also took into account the fact that all the four appellants had cooperated with the police ever since they were arrested on 19.4.2008 and this greatly assisted the police to complete their investigations expeditiously. [13] We were at pains to consider the mitigation advanced by learned counsel on behalf of the four appellants. We noted that: (a) they have learnt a bitter lesson; (b) they have caused hardship to their parents and other family members; (c) they have also caused hardship and pain to the deceased’s parents and members of the deceased’s family; (d) they regretted for what they had done and they are desirous of turning over a new leaf and lead normal lives after undergoing their prison terms; and (e) they had no intention to kill the deceased but they merely intended to cause injury. [14] It is said that the degree of culpability for each of the four appellants should be different and that there should be a disparity in the
Page 1 and 2: 1 IN THE COURT OF APPEAL OF MALAYSI
Page 3 and 4: 3 19.4.2008 and her Ladyship also o
Page 5: 5 [9] Investigations revealed that
Page 9 and 10: 9 inference from the surrounding ci
Page 11 and 12: 11 responsible for the resulting ev
Page 13 and 14: 13 [24] It is ideal to recognise th
Page 15 and 16: 15 There his Lordship alluded to re
Page 17 and 18: 17 “Whether a person is a hardene
Page 19 and 20: 19 v. Alcock And Others [1967] Crim
Page 21 and 22: 21 370, [1998] 2 MLJ 181; Fu Foo To
Page 23 and 24: 23 [56] We have considered all the
Page 25 and 26: 25 (10) Dato Mokhtar bin Hashim & A
Page 27: 27 (45) Mohamed Abdullah Ang Swee K

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