DALAM MAHKAMAH RAYUAN MALAYSIA (BIDANG KUASA ...

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SP10 semasa di tempat kejadian langsung tidak dicabar oleh
pihak pembelaan. ”
[61] Pausing here for a moment and taking stock of the several facts
that surfaced through a full blown trial before the learned JC, the pertinent
factual matrix are as follows:
(a) that there was a robbery at the Banbau goldsmith’s shop on
9.10.2007 at about 3.15 p.m. by two men, one armed with a gun
and the other with a hammer;
(b) that the two men went to the goldsmith’s shop on a motorcycle;
(c) that the two men wore face masks, black jackets and crash
helmets and were not identified;
(d) that a shot was fired from the gun and SP10 was injured on his
left shoulder and he fell to the ground – the shot was fired by the
big sized and slightly taller man;
(e) that one of the two men smashed the showcases with a hammer
– it was the small sized and thin man who did it;
(f) that the two men then scooped the jewelleries from the broken
showcases and put them inside the pockets of their jeans;
(g) that at about 4.00 p.m. on 9.10.2007, the appellant was arrested
while driving the orangey red GEN-2 motorcar which had a white
sticker displayed at the left rear windscreen along the Kuala