Ellin Anak Masing v R [Sarawak, Supreme Court.]

JurisdictionMalaysia
Judgment Date22 March 1948
Docket NumberCase No. 193
Date22 March 1948
CourtObsolete Court (Malaysia)
Sarawak, Supreme Court.

(Hedges, C.J.)

Case No. 193
Ellin Anak Masing
and
The King.

Belligerent Occupation — Judicial Functions of Occupant — Determination of Criminal Appeals — Judicial Function not Exercised by Courts — Irregularity — Validity after Resumption of Control by Legitimate Sovereign — Law of Sarawak.

Belligerent Occupation — Judgments of Appellate Court Established by Occupant — Hague Regulations, Articles 23 and 43 — Irregularity of Judgment According to Local Law — Validity after Resumption of Control by Local Sovereign — Conviction by Local Court — Appeal against Conviction to Court of Occupant — Law of Sarawak.

The Facts.—The appellant was convicted on December 4, 1941, in the Resident's Court, Third Division, at Sarikei, of the offence of murder in contravention of section 302 of the Penal Code, and was sentenced to death, subject to the confirmation of the Supreme Court. An appeal was lodged on December 14, 1941, but before that appeal could be heard the Japanese forces had occupied Kuching, the capital of Sarawak.

Shortly after the...

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