Hashim Yeop A Sani J (delivering oral judgment):

[1] on 24 June 1978 the appellant pleaded guilty to and was convicted of a charge under s 353 of the Penal Code for assaulting a public servant namely, PC 49070, Mohd Zahari bin Abdullah, while in the execution of his duty as such public servant. The appellant was sentenced to three months' imprisonment. The appeal now is only against sentence.

[2] The facts are clearly set out in the grounds of judgment of the learned magistrate and I will only repeat them.

"As part of the celebrations of the birthday of DYMM Sultan Perak a Pesta was held on 11.8.77 in the compound of Istana Iskandariah Kuala Kangsar. On that day at about 6 pm the complainant PC49070 with another PC were on traffic duty in front of the gate leading to the Istana. It was instructed that no car without a specific car sticker be allowed to go into the Istana compound for the purpose of controlling traffic. On that day a "no Entry" sign was placed in the middle of the road which ran off to the right of the road leading to Istana compound. The complainant was on duty at the spot where the "No Entry" sign was placed. At about 7 pm a green Ford Escort BAB 8834 driven by a lady coming in the direction of the town drove into this side road without regard to the presence of the "No Entry" sign and the policeman on duty. About 10 minutes later the same car driven by the same driver came out from the direction from where she went earlier, drove past the "No Entry" sign and straight into the Istana compound. There was no sticker to this car. Shortly thereafter the same car driven by the same driver came out from the Istana compound. The complainant stopped her and told her that she had on two occasions violated the traffic sign and the offence thereby committed by her, politely. She kept quiet and drove off in the direction of a house nearby. Shortly thereafter a person claiming to be the husband of the driver went up to the complainant and reprimanded him for doing what he had lawfully done. He then left the place.

At about 10 pm on the same day the accused went to the police guardroom near the gate to the Istana. He asked the Cpl in charge to call the complainant. On being told that the complainant was on duty at the spot where the "No Entry" sign was placed he went up to him and asked him whether he was the PC who had earlier stopped motor-car BAB 8834. When complainant admitted doing so he asked him to follow him back to the guardroom, which the complainant did. In the guardroom in the presence of the Cpl and another PC he scolded the complainant for his lawful action. The accused was then seated on a chair. He asked the complainant to stand at attention. When the complainant refused to do so for obvious reasons the accused stood up and slapped the complainant. He then dragged the complainant by the shirt and pushed him against the wall. But for the intervention of Cpl2686 who was there at the time of the assault the accused would have assaulted the complainant further. The complainant did not retaliate. A police report was lodged the following day and complainant was sent to the Hospital for medical examination. Medical examination disclosed the following injuries:

2 small abrasions measuring 1¼ cm × ¼ cm on the left cheek with mild underlying swelling."

[3] In mitigation it was submitted firstly that the appellant was at the time of commission of the offence under the influence of liquor and as soon as he recovered later in the evening, he went to the OCPD Kuala Kangsar and apologised to the latter. Whilst under the influence of liquor he had thought that the complainant was being unreasonable to the lady as the road which was subject to the "No Entry" sign was the only access road to the lady's house. It was also brought out in his mitigation that he had suffered humiliation with the criminal proceeding as he was a member of the Royal Family in the State and he has therefore suffered enough and then assured the cou