Ong CJ:

The appellants were tried in the High Court at Penang before a special jury on a charge of murder as follows:

That you jointly with one other still at large on 2 October 1971 at about 10.10 p.m. at premises No. 3963, Heng Choon Thian Road, in the District of Butterworth, in the State of Penang, in furtherance of a common intention of all, committed murder by causing the death of one Chan Khoo Khew (m) and that you have thereby committed an offence punishable under s. 302 read with s. 34 of the Penal Code.

The jury returned an unanimous verdict of guilty against both appellants and they were sentenced to death. They both appealed against such conviction.

The offence alleged arose in the course of an attempted armed robbery when three men raided a goldsmith's shop. They met with resistance by the goldsmith, and in the course of the struggle and shooting it would appear that one of his assailants was so severely injured somehow in the leg that this man was seen limping and had to be supported by a comrade of his to make his escape. To overpower the goldsmith the intruders shot him four times and also struck his head so forcibly as to cause a fracture of his skull.