Visu Sinnadurai J

The facts

On the first day of the trial, 7 September 1992, the prosecution tendered a charge against the six accused which was for murder punishable under s 302 of the Penal Code (FMS Cap 45) read together with s 34. All accused pleaded guilty and claimed trial.

In accordance with the procedure under the Criminal Procedure Code (FMS Cap 6), a jury of seven was chosen. The deputy public prosecutor after having presented a statement of facts, made a request to the court that the trial be adjourned so as to enable the prosecution to consider the possibility of the charge being amended. As there was no objection from any of the counsel acting for the accused persons, this court granted an adjournment until Wednesday 8 September 1992.

When the court sat on 8 September 1992, the learned deputy public prosecutor informed the court that the prosecution was tendering an ammended charge against the six accused. The original charge of murder was then reduced to one of culpable homicide not amounting to murder, punishable under the first limb of s 304 of the Penal Code (FMS Cap 45) read together with s 34 of the said Code. The charge read as follows:

Bahawa kamu bers