ABDUL MALIK ISHAK J

Preliminary matters

This was an appeal from the decision of the learned magistrate of the Magistrate's Court at Johor Bahru (‘the trial court’) who convicted and sentenced both the appellants after a long and protracted trial. The appeal records were quite voluminous and it was not an easy task to peruse through them. It is significant to mention at the outset that initially there were a number of separate cases and charges involving both the appellants and one other individual by the name of Chin Him Cheong @ Robert Chin (‘Robert Chin’). Several adjournments were granted with charges being amended to suit the occasion. Finally, at p 38 of the appeal record, it was recorded that the prosecution decided to proceed with two cases, viz, A43/83 and A432/81 while the other cases were stood down pending the outcome of these two cases. Amended charges were then tendered as exh P1.

To put matters in perspective, it is appropriate to say that there were three charges framed against each of the appellants and Robert Chin. On 22 December 1986, the trial court convicted and sentenced each of the appellants and Robert Chin as follows:

Each of the first and second appellants

First