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1950 MarsdenLR 220

WILLAN, TAYLOR, BRIGGS
HASHIM BIN MAT ISA – Appellant
Versus
PUBLIC PROSECUTOR – Respondent


Advocates:
PJD Regester for the appellant.
NL Cohen for the respondent.

JUDGMENTBY: WILLAN, CJ

The appellant was charged with murder, and at the conclusion of the trial the two assessors differed in their opinions. The learned trial Judge agreed with the assessor in whose opinion the appellant was guilty, and accordingly the appellant was convicted and sentenced to death.

The prosecution proved that the appellant stabbed the deceased in the neck with a knife and that the deceased died from the wound so inflicted.

At the trial the appellant and his witnesses gave evidence to support a defence of insanity. It is clear from the address of defence counsel that he relied on that defence; but it is also clear that, in addition, he contended that though the prosecution had proved it was the appellant who killed the deceased, an intention to kill had not been proved.

No medical evidence was called at the trial on the question of insanity. Before us, Mr. Regester, counsel for the appellant, applied for an adjournment of this appeal, and for an order that the appellant be sent for observation to the Central Mental Hospital at Tanjong Rambutan. He did this to pave the way for medical evidence being given before this Court at a further hearing of the appeal,

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