Judicial Committee of the Privy Council
| Date | 01 January 1955 |
| Published date | 01 January 1955 |
| DOI | 10.1177/002201835501900104 |
| Subject Matter | Article |
Judicial Committee of the
Privy Council
THE
MEANING OF
'LAWFUL
EXCUSE'
Wong Pooh Yin v. Public Prosecutor
THE importance of
the
judgment
in this case (1954, 3
W.L.R. 471) on appeal from
the
Court
of Appeal of
the
Federation of Malaya is
not
confined to the interpretation of
the
Malay Emergency Regulations, 195
I.
The
meaning of the
not
uncommon statutory phrase "lawful excuse" was fully
considered in the light of English statutes
and
decisions
and
the
judgment
of their lordships
(Lord
MacDermott, L.C.}.,
Northern
Ireland,
Lord
Cohen
and
Mr.
L.
M.
D.
de Silva)
will no doubt be referred to when questions of what amounts
to a "lawful excuse" for an otherwise criminal act arise in the
English courts.
By
the
Malay Emergency Regulations, 1951, reg. 4
(I)
"Any
person who without lawful excuse
...
carries
...
(a)
any firearm, without lawful authority therefor
...
shall be
guilty of an offence".
On
the prosecution on a charge of
carrying afirearm without lawful authority
under
this
regulation the accused gave evidence
that
when charged he was
carrying the firearm in the course of compliance with directions
contained in Government pamphlets calling upon terrorists to
surrender with their arms,
that
he wanted to surrender
the
firearm to the police
and
had already tendered it to certain
Temiars to whom he had made his first offer of surrender.
He
relied
upon
the defence of "lawful excuse".
It
was held, in a
judgment
delivered by
Lord
MacDermott,
that
the
meaning of
this expression as used in
the
regulation clearly contemplated
awider import than
that
of "lawful authority"
and
raised a
distinct issue
and
that
supervening events, amounting to more
than
amere change of intention could, therefore, provide a
"lawful excuse" for an original acquisition which was unlawful
because without lawful authority.
The
evidence of the accused
51
To continue reading
Request your trial