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1949 MarsdenLR 258

SPENSER-WILKINSON
YAP FOOK YEW – Appellant
Versus
PUBLIC PROSECUTOR – Respondent


Advocates:
KK Benjamin for the appellants.
Tunku Abdul Rahman for the respondent.

JUDGMENTBY: SPENSER-WILKINSON, J

The two appellants in this case were charged before the Magistrate in Kuala Lumpur with extortion under section 384 of the Penal Code. They were both convicted and sentenced to nine months rigorous imprisonment. They both appealed against their convictions.

The facts disclosed by the prosecution evidence were that at about 5 a.m. on the 7th July, 1949, the two appellants, the first of whom was a Chinese detective and the second a Malay detective-sergeant, knocked at the door of the house of a pork-seller in Imbi Road whereupon the son of the pork-seller and an assistant who slept in the same room with him went to the front door and opened it. The first appellant demanded $ 200/- for coffee-money on the ground that the witness had been slaughtering pigs illegally. He threatened that if the witness failed to pay he would be banished to China and gaoled. After some discussion the demand was reduced to $ 150/-. The first witness then opened a money-box and gave the first appellant $ 116/-. The first appellant then walked out saying that there was a further sum of $ 34/- to be paid and the first witness promised to pay this money at Main Pudu Road ne

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