Thomson LP (delivering oral judgment):

These two appellants were convicted at Penang for the murder of a very old man by the name of Souter.

Souter and his wife (who were 80 and 81 years of age respectively) were living alone with a Chinese maid-servant in a large house on the outskirts of Penang. On the night of 28 July 1964 Mrs. Souter's attention was attracted by noises coming from the bathroom where her husband was preparing to retire for the night, the evidence suggests that he was brushing his teeth. She went to the bathroom and found two men both of whom were armed with parangs and one of whom was in the act of inflicting extremely serious injuries upon her husband whereby he ultimately died.

Mrs. Souter was held by the second man while the first man accomplished his purpose and then under the influence of terror she opened her safe and the two men took a large quantity of jewellery most of which was abandoned by reason of their having to depart precipitously on the arrival of the police who had been called by a neighbour.

The two appellants were in the event convicted for the murder of Souter and against these convictions they have now appealed.

The convictions