JUDGMENT

Abdul Hamid Omar CJ (Malaya):

This is a reference under s. 66(1) of the Courts of Judicature Act 1964 for the determination by the Supreme Court of the following questions of law of public interest, viz.

(1) Whether the High Court was right in ruling that after the execution of whipping the Court has the power to increase the number of stroke.

(2) Whether or not the High Court ought to give ample time to the accused to engage Counsel to prepare for his case in the event that the case is called up for revision by the Judge.

Brief facts

The applicants, Liaw Kwai Wah and Chan Hai Ching, were charged in the Magistrate's Court, Petaling Jaya, for robbery under s. 397 of the Penal Code. The charge was that on 17 December 1985 at about 11.30 p.m., they robbed one Ng Char Hoe of a white Honda car and some other articles. At the time of the commission of the offence they were armed with knives.

On 18 March 1986, the applicants pleaded guilty and were convicted. The Magistrate imposed two years' imprisonment and one stroke of rattan on each of them. The sentence of whipping was carried out three months after the date of the sentence.

There was no appeal against the sentence by eith