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1956 MarsdenLR 253

LMD DE SILVA, RADCLIFFE, TUCKER
SUBRAMANIAM – Appellant
Versus
PUBLIC PROSECUTOR – Respondent


Advocates:
For the appellant - Dingle Foot, QC (RK Handon with him); Stanley Johnson & Allen For the respondent - DA Grant; M/s. Charles Russell & Co.

JUDGMENT

Mr LMD De Silva:

The facts and arguments appear sufficiently from the judgment of their Lordships delivered by:

This is an appeal by special leave from a judgment of the Supreme Court of the Federation of Malaya (Mathew CJ, Wilson and Abbott JJ) dismissing an appeal against a conviction in the High Court of Johore Bahru (Storr J, sitting with two assessors) whereby the appellant was found guilty of being in possession on 29 April 1955, of 20 rounds of ammunition contrary to reg. 4(1) (b) of the Emergency Regulations, 1951, and sentenced to death.

When the appeal to the Supreme Court came up for hearing Counsel assigned to argue the case for the appellant said that there was nothing that he could urge and, probably as a consequence, the judgment of the Supreme Court does not give reasons for the dismissal of the appeal. The statement of Counsel in the Supreme Court, though relevant to the question whether valid grounds for this appeal exist, is not conclusive of that question.

Regulation 4 provides:

(1) Any person who without lawful excuse, the onus of proving which shall be on such person, carries or has in his possession or under his control - (a) any fire-arm, withou

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