EL FILIBUSTERISMO (w/o Summary) – Flashcards

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.

1) LOW HIONG BOON was charged with : That you on 8.9.48 at about 4 am caused the death of LKF, male aged 10 mths old by a negligent act not amounting to culpable homicide to wit, by allowing the ignorant mother of the deceased to administer an overdose of Oleum Chinnapodium when you were a nurse on duty at Ward No.2 of General Hospital, KL, on that day & thereby committed offence under s 304A of the Penal Code. 2) 3rd Feb 1949:Appellant claimed trial. Case postponed for hearing. 25th Feb 1949:Appellant was re-charged & she then pleaded guilty. Nothing on record to show whether trial judge interrogated the appellant as to what exactly she thought she was admitting. She was not represented. Plea was recorded. 3) Prosecution proceeded to give the brief facts of the case: Accused gave bottle to the ignorant mother of child LKF with instructions to give child a dose at 4 a.m. Dose 3 drops. Mother gave half bottle of oil of Chinnapodium & a little later gave the other half. Child became violently ill & died. Post mortem revealed cause of death due to overdose. Accused gave birth to a child 1 month later.' 4) Appellant then made a few remarks in mitigation where the case was adjourned for evidence on investigation as to accused's medical condition & sentence. At the conclusion of evidence the Judge recorded a conviction & sentenced accused to 5 months imprisonment. 5) LOW HIONG BOON appealed. The DPP reminded the court that since she had pleaded guilty the appeal could only be against the sentence. Spencer-Wilkinson J however said that s 305 does not preclude the Court from considering the question whether the PG was one which could properly be accepted in the circumstances. 6) The conviction & sentence was quashed & the appellant was ordered to be re-tried before another Magistrate.