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1977 MarsdenLR 347

SUFFIAN,GILL,CHANG MIN TAT
FC KUALA LUMPUR
LIM HANG SEOH - Appellant
Versus
PUBLIC PROSECUTOR - Respondents

FC CRIMINAL APPEAL NO 54 OF 1977
Decided On : 10/04/1977

Advocates:
Karpal Singh ( ST Lee with him) for the appellant.
Faidz bin Mohamad Darus (Deputy Public Prosecutor) for the respondent.

JUDGMENTBY: SUFFIAN LP

(delivering the judgment of the Court): We dismissed this appeal. There were two principal points involved. First, was the accused aware of the contents of the bag? The appellant handled this bag on four separate occasions not once, and we have seen the bag and other exhibits. In view of the evidence we are of the opinion that the learned trial judge was right in concluding that the appellant knew that the bag contained a pistol and ammunition. Accordingly we dismissed the appeal against the conviction.

The second question related to the sentence. We considered Mr. Karpal Singhs submission and that of Encik Faidz and the written law cited. We are of the opinion that in view of the words "the Juvenile Courts Act, 1947, shall not apply to such person" in regulation 3(3) of the Essential (Security Cases) Regulations, 1975, there is only one sentence authorised by law for each of these offences and that is the sentence of death, despite the fact that the accused was only a boy of 14. We therefore affirm the sentenced passed on him.

Appeal dismissed.

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