Hill Ag CJ:

- The appellant had been convicted of murder and sentenced to death.

In his summing-up to the jury the learned trial Judge stated "I am not going to bother you with the definition of murder, because the issue in this case is quite clear." It is settled law (see the judgment of the Court of Appeal in Hashim bin Mat Isa v. PP [1950] MLJ 94 that in summing-up in a murder case a trial Judge must direct the jury regarding the ingredients of the offence of murder, and if he does not do so, the absence of such a direction must be fatal to a conviction.

In this case too there was a total and complete failure on the part of the trial Judge to give any such direction. For this reason we quashed the conviction and sentence and ordered a new trial.

The other grounds of appeal were not considered.

New trial ordered.