This was a sentence appeal by the Public Prosecutor.

The Respondent was prosecuted in the Magistrate's Court at Lumut on the following charge:

"That you on 27th day of April, 1983, at about 10.45 a.m. at Shop No. 203, Sungai Pinang Kecil, Pangkor, in the District of Manjung, in the State of Perak, were found in possession of films, to wit, 1095 Video-tapes (as annexure attached), which had not been marked under the Provision of Section 9(2) or 9A(2) of the Films (Censorship) Act 1952, and that you have thereby committed an offence punishable under section 15(1) of the Films (Censorship) Act 1952 (Revised 1971)".

He pleaded guilty thereto, and was sentenced to pay a fine of $2,000/-, in default, to four months' imprisonment.

When the matter came up before me, counsel for the Respondent sought an adjournment, which I was not prepared to grant. I did, however, stand the case down for a short while, and, when hearing resumed, I took two points upon which I invited arguments. They were, firstly, whether the charge upon which the Respondent had been convicted disclosed an offence known to the Law; secondly, whether the plea in mitigation made by the Respondent in person