JUDGMENT

Edgar Joseph Jr J:

This was a sentence appeal by the Public Prosecutor. In the Sessions Court at Georgetown, the respondent (having been in police custody for 74 days) was prosecuted upon and pleaded guilty to the following charges:

Ist charge:

That you on 15 January 1986 at about 4.05 p.m. at house No. 18 Halaman Free School, in the district of Georgetown, in the State of Penang, did unlawfully have in your possession firearms, to wit, 2 .38 special Smith & Wesson revolvers No. 73194 and No. C193646, and that you have thereby committed an offence punishable under s. 8 of the Firearms (Increased Penalties) Act 1971.

2nd charge:

That you on 15 January 1986 at about 4.05 p.m. at house No. 18 Halaman Free School, in the District of Georgetown, in the State of Penang, did have in your possession 14 rounds of .38 special bullets, in contravention the provisions of s. 3(1) of the Arms Act 1960 without a licence or permit issued under s. 4 of the same Act, and that you have thereby committed an offence punishable under s. 8(a) of the Arms Act, Act No. 206 Laws of Malaysia 1960.

The learned President having heard pleas in mitigation and aggravation by the prosecution and the defence proceeded to sentence the respondent as follows:

On the first charge:

Bound over to be of good behaviour in the sum of RM10,000 with two sureties for five years under s. 294 of the Criminal Procedure Code.

On the second charge:

Fined RM5,000 in default to 1 year's imprisonment.

On the third charge:

Fined RM800 in default to 6 months of imprisonment.

The Public Prosecutor being dissatisfied with the sentences as manifestly inadequate appealed against those imposed in respect of the first and second charges only.

The maximum penalties which could be imposed in respect of the offences charged in the first and second counts must be noted.

So far as the first count is concerned, by s. 8 of the Firearms (Increased Penalties. Act 1971, it is provided that

any person who is in unlawful possession of a firearm shall be punished with imprisonment for a term which may extend to fourteen years and with whipping with not less than six strokes.

So far as the second count is concerned, by s. 8 of the Arms Act 1960, it is provided that

Any person who in contravention of the provisions of this Act:

(a) has in his possession, custody or control, or carries or uses any arm or ammunition without an arms licence or arms permit in that behalf or otherwise than as authorized by the licence or permit or, in the case of ammunition, in quantities in excess of those so authorised, or

(b) ...

...

...

shall, on conviction, be liable in respect of any such contravention to imprisonment for a term not exceeding seven years, or to a fine not exceeding ten thousand ringgit, or to both.

In the event, the learned President imposed the sentences aforesaid.

The admitted facts were that as a result of a police report made at the Jelutong Police Station, the respondent was arrested on 15 January 1986 at 1.30 p.m. Following interrogation, he led the police party to his house at 18, Halaman Sekolah Free School, Georgetown, Penang. Upon a search being conducted of the respondent's bedroom, the police recovered two .38 Smith Wesson Special revolvers, the subject matter of the first charge, and 14 rounds of ammunition, the subject matter of the second charge.

Later the same day, the respondent again led the police party to his house and they recovered from an almeriah in his bedroom, a bullet proof vest, the subject matter of the third charge.

Police investigation disclosed that the respondent held no licence to possess the revolvers, the ammunition or the bullet proof vest.

The result of an examination of the revolvers and the ammunition by the police armourer disclosed that they were serviceable.

I shall now proceed to examine the judgment of the learned President.

Firstly, the learned President referred to Counsel's plea in mitigation as follows:

In mitigation, learned defence Counsel s