JUDGMENT

Azmi LP:

The following question which arose out of Kuching High Court Appeal No K 8 of 1969 Wan Razali Kassim v. The Public Prosecutor was referred to the Federal Court by the learned PP under s. 66(2) of the Courts of Judicature Act 1964,

If a magistrate, without misdirecting himself, has made a finding of fact based on actual evidence before him, which finding of fact is corroborated in material particulars by inferences reasonably and properly drawn by him from other evidence adduced before him, and such magistrate has convicted the accused as a result of such finding of fact, such conviction not being against the weight of evidence in the case, is it open to a Judge of the High Court, on hearing an appeal against such conviction, to upset or interfere with such finding of fact?

Wan Razali Kassim, hereinafter referred to as the accused, was convicted by the learned first class magistrate on a charge of corruptly accepting $40 from one Ho Shan Jan (hereinafter referred to as PW 3) as an inducement for forbearing from taking action against PW 3 for using a motor cycle whilst he was not covered by a third party risk insurance policy as required by the Road Traffic Legisl