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1902 MarsdenLR 2

STRAITS SETTLEMENTS LAW REPORTS

HYNDMAN-JONES, J


THE KING
versus
TUN YU

.

Decided On : 05-05-1902

Advocates:
For the appellant - R.W. BraddellAppeal dismissed.

JUDGMENT

HYNDMAN-JONES, J.

I am of opinion that the combined effect of ss. 33 and 251 of the Criminal Procedure Code does not, as suggested, meet the objection to the absence of a complaint as required by s. 134. Section 251 provides for the detention and examination of offenders attending the Court casually, and not to the examination of persons brought before it under arrest. I understand from the Attorney General that the Magistrates contend that, if they can try persons voluntarily attending the Court under s. 251, a fortiori, they ought to be able to try persons brought before them on arrest under s. 33, but as the law at present stands, I do not think they ought to do so unless the provisions of s. 134 have been complied with. I am clear, however, in the present case, that the fact of there having been no compliant or information has not prejudiced the accused in any way, and that the omission is covered by s. 414 of the Code.

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