Tan Ah Tah CJ:

The appellant was convicted on 18 May 1965 of the murder of one Jenny Cheok Cheng Kid (hereinafter referred to as Jenny) and was sentenced to death. He now appeals against that conviction.

According to the prosecution the offence was committed on 27 August 1963 at about 5 p.m. at sea near two islands called Pulau Dua which are also known as the Sisters Islands. The appellant had hired a sampan from a boatman called Yusof and on his directions Yusof had taken both the appellant and Jenny to a place between the two islands where he dropped anchor. The appellant stated in evidence that his object in going there was to collect corals and that Jenny was to assist him in doing so. According to the prosecution this was only the ostensible reason for going there; the appellant's real intention was to murder Jenny and in pursuance of that intention he assisted Jenny to put on the diving equipment which had been brought in the sampan and allowed her, a novice diver, to go down alone, wearing a flipper which had previously been cut, into waters which he knew were dangerous and hazardous with the result that she met her death.

The evidence relied upon by the prosecuti