Mohd. Azmi SCJ:

We have allowed this appeal and now proceed to give reasons.

The appeal was against the refusal of the learned trial Judge to permit the withdrawal of plea of guilty by the two appellants who were the 2nd and 3rd accused in the High Court. They were jointly charged with one Ooi Lam Chin ("Ooi" for short) who was the 1st accused, for trafficking in dangerous drugs in furtherance of a common intention on the following terms:

That you jointly on 18 March 1983 at about 6 a.m. at Badak Mati, Mukim 4, Sungai Bakap in the District of Nibong Tebal, in the State of Penang, in furtherance of the common intention of you all, did on your own behalf traffic in dangerous drugs, to wit, 5,253 grammes of Heroin, in contravention of s. 39B(1)(a) of the Dangerous Drugs Act 1952 (Revised 1980) thereby committed an offence punishable under s. 39B(2) of the same Act, read with s. 34 of the Penal Code.

Both the appellants were convicted and sentenced to death. It should be noted at this stage that the Dangerous Drugs Act 1952 was amended by Act A553 on 14 April 1983 which inter alia made offences under s. 39B punishable with mandatory death sentence. Since the offence alleged to