The appellant was charged originally with possession of obscene video cassette tapes contrary to section 292(a) of the Penal Code before a learned magistrate sitting at Bandar Seri Begawan. In the midst of the hearing the charge was amended to one of possession for the purpose of hire.

He was convicted and sentenced to 2 weeks imprisonment and fined $1,000. He now appeals against both conviction and sentence.

Section 292(a) of the Penal Code reads:

"Whoever sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.

Exception. — This section does not extend to any book, pamphlet, writing, drawing or painting kept on used bona fide for religious purposes or any representation sculptured, engraved, painted or otherwise represented on or in any temple, or on any car used for the co