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1976 MarsdenLR 257

HASHIM YEOP A SANI
PUBLIC PROSECUTOR – Appellant
Versus
LOO CHOON FATT – Respondent


Advocates:
For the applicant - Wan Abdul Majid bin Wan Hamid (DPP) For the respondent - Paramjit Singh

JUDGMENT

Hashim Yeop A Sani J (delivering oral judgment):

The facts of the case are that on 20 May 1975 at about 11.20 a.m. a Police constable, PC 58206, arrested the accused in Kampong Jawa, Ipoh, and from his person were recovered 13 plastic tubes containing 3g of what was suspected to be heroin. The accused was released on bail the following day. The chemist's report tendered in the Sessions Court, Ipoh, on 25 November 1975 showed only 1.2g of heroin contained in 13 plastic tubes. The Special President amended the original charge as to the amount of heroin although this is not reflected in the certified copy before the Court. The accused pleaded guilty to the offence. In his mitigation the accused stated that this was his first offence and that he was threatened that if he did not sell the drugs he would be assaulted. The accused was bound over under s. 294 of the Criminal Procedure Code for one year in the sum of $750 with one surety. The accused's mother stood on surety.

The only point raised by Mr. Paramjit Singh worth considering is whether the Special President should have rejected the plea of guilty because the accused stated "that he would be assaulted" if he did not sel

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