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1941 MarsdenLR 86

COURT OF APPEAL (KUALA LUMPUR)

TERRELL A-G, CJ


MAHINDAR SINGH
versus
PUBLIC PROSECUTOR

.

Decided On : 04-29-41

Advocates:
For respondent - TVA Brodie DPP

JUDGMENT

Terrell A-G CJ:

This was an appeal by the accused who was found guilty of an offence under s. 324 of the Penal Code and sentenced to a fine of $75 or one month's rigorous imprisonment. The eighth ground of appeal alleges that the accused's Counsel was never given an opportunity of addressing the Court at the close of the case. This is admitted by the learned Deputy Public Prosecutor and constitutes a serious irregularity. In view of this there is no necessity to enter into the merits of the conviction. The appeal will be allowed, the conviction set aside and a new trial ordered.

Appeal allowed. New trial ordered.

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