Terrell A-G CJ:

The facts and arguments sufficiently appear from the judgment.

The appellant was charged

(1) with putting one Tan Kim Teck in fear of injury on 25 May 1940, an offence punishable under s. 385 of the Penal Code, and

(2) with committing theft of 12 lemonade bottles on the same day on certain premises owned by one Abdul Razak.

Under s. 173 of the Criminal Procedure Code every charge shall be tried separately except in the cases mentioned in ss. 174, 175, 176 and 179. The two offences charged were not of the same kind and were not connected in any way, and the trial of the two offences simultaneously constitutes an illegality which cannot be cured.

Crown Counsel was unable to support the convictions and the appeal was accordingly allowed and the appellant discharged. There appeared to be no ground for interfering with the convictions or the sentences on the merits, and it is unfortunate that, owing to a disregard of provisions of the Criminal Procedure Code with which all Magistrates should be familiar, a dangerous criminal has got off.

Appeal allowed.