JUDGMENT

Mohamed Dzaiddin J:

This is an appeal against sentence. The appellant was charged at Jalan Duta Magistrate's Court on 26 June 1982 for an offence under s. 454 Penal Code (house-breaking in order to commit theft) and claimed trial. He was subsequently convicted and was sentenced to four years imprisonment.

His sole ground of appeal is that the sentence is manifestly harsh. At the onset of the proceeding, the learned Deputy Public Prosecutor pointed out that from the evidence in the Appeal Record, the appellant could not have been convicted for an offence under s. 454 Penal Code. Instead, he should have been convicted for theft in a dwelling house punishable under s. 380, Penal Code. He has therefore asked me to exercise my revisionary powers under the Criminal Procedure Code by substituting a conviction for a charge under s. 380, Penal Code.

My powers of revision are provided under s. 325 of the Criminal Procedure Code. These powers are consistent with s. 31 of the Courts of Judicature Act 1964. There are a number of authorities with regard to the powers of revision. In Mallal's Criminal Procedure, Fourth Edn., p. 482, it is stated as follows:

The powers of revision are giv