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1948 MarsdenLR 299

WILLAN, SPENSER-WILKINSON, RUSSELL
SEE YEW POO – Appellant
Versus
PUBLIC PROSECUTOR – Respondent


Advocates:
KC Chia for the Appellant.
AMI Austin (DPP) for the Respondent.

JUDGMENTBY: RUSSELL, J

The appellant was charged with the armed robbery of two persons Tee Puet Kiat and Tee Kern on Chuan Moh San estate, Tenang, in the State of Johore between 7 and 8 p.m. on the 20th of May, 1948, an offence punishable under sections 392 and 397 of the Penal Code. The prosecution evidence tended to show that on this particular evening a number of people were robbed in three different coffee-shops on the above estate, the three shops being situated on the estate road within a distance of some 30 to 40 yards of each other. The two complainants alleged that they were robbed in two different shops at different times, the first robbery taking place at 7 p.m. and the second at 8 p.m. Only one charge was framed against the appellant in respect of the two robberies which read as follows:--

That you between 7 and 8 p.m. on the 20th of May, 1948 on Chuan Moh San

Estate, Tenang in the State of Johore, robbed Tee Puet Kiat and Tee

Khern and at the time of committing the said robbery you were armed

with a deadly weapon, to wit a revolver and that you thereby committed

an offence punishable under sections 392 and 397 of the Penal Code.

It

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