Salam..
I just wanna share this one interesting case about "porno film" conviction. Perhaps no one ever heard about this case before, same goes to me until we have to do criminal class tutorial question about "joint liability" in crime. For me it's kinda interesting case, since we r often dealt with the same issue nowadays = pornography... so..enjoy...n hope you can gain something out of it...tq
[1963] 1 MLJ 201
PUBLIC PROSECUTOR v TEE TEAN SIONG & 8 ORS
RCRJ KOTA
BHARU
HASHIM J
CRIMINAL REVISION NO 1 OF 1963
13 April 1963
Penal Code, ss 109 and 292(a) --
Whether attendances at a show of "blue films" amounts to exhibition
-- Whether there is "publication"
Undesirable Publications Ordinance,
1949 -- Whether charge should have been properly under -- Whether there is
publication
Theatres and Places of Public
Amusement Enactment, 1936, s 3 -- Charge -- Whether would lie against operator
or exhibitor
The nine accused were arrested when they
were trying to escape from premises that were being raided. The raiding police
party found a projector and 4 reels of films and the accused were charged under
sections 109 and 292(a) of the Penal Code. The learned Magistrate after being
satisfied as to the obscenity of these films convicted all of them under
sections 109 and 292(a) of the Penal Code. On revision,
Held: in the absence of other evidence mere
attendance at a show where "blue films" are exhibited does not amount
to abetment of the offence of exhibition under section 292(a) of the Penal
Code.
Observations on section 24 of the Cinematograph
Ordinance.