JUDGMENT

Suffian LP:

This criminal trial has given us a great deal of trouble, and consequently we are taking the unusual step of delivering three separate judgments. Both my learned brethren are not here, and in their absence I shall read first the judgment of the learned Chief Justice and then that of my brother Ali, followed finally by mine. Lee Hun Hoe CJ (Borneo) (read by Suffian LP): This is an appeal against conviction and sentence. The appeal raises important questions concerning the right to appeal against conviction after a plea of guilty and the rules relating to the plea of autrefois acquit.

On 14 July 1972 appellant and Tan Soo Har were jointly charged before the late Sharma J in the High Court at Ipoh for an offence under s. 3 of the Firearms (Increased Penalties) Act, No. 37 of 1971. The trial was before a jury. At the conclusion of the trial appellant was acquitted but Tan Soo Har was convicted. The latter appealed to this Court against his conviction. On 4 December 1972 this Court allowed his appeal declaring that his trial was a nullity. No reason was given in the record before us and the order simply reads -

This Court both declare that the trial of the appella