JUDGMENT

FC Thomson LP:

This appellant was convicted in the High Court in Malaya at Johore on 21 November 1964 for unlawful control of a firearm in contravention of s. 57(1) of the Internal Security Act, 1960, and for consorting with armed persons in contravention of s. 58 (1) of the same Act and was sentenced to death in respect of each offence.

He appealed against these convictions. On 14 December 1964, we dismissed his appeal and stated we would give our reasons for doing so later. We now proceed to do so.

The charges against the appellant were as follows:-

First charge: That you between 7.30am on 17 August 1964 and 11.30am, on 23 August 1964 in the Security Area as proclaimed by the Yang di-Pertuan Agong, vide FLN 245 dated 17 August 1964, namely Kg Senai, in the District of Pontian, in the State of Johore, without lawful excuse had under your control a firearm, to wit, one shotgun No H 41378 without lawful authority and that you have thereby committed an offence punishable under s. 57(1) (a) of the Internal Security Act, 1960.

Second charge

That you between 7.30am, on 17 August 1964, and 11.30am, on 23 August 1964 in a Security Area as proclaimed by the Yang di-Pertuan Ag