JUDGMENT

Vazeer Alam Mydin Meera JCA:

Introduction

[1] This application raises an important question of law, and that is, whether the widow of a deceased appellant, whose appeal against conviction and sentence of imprisonment for two offences under s 165 of the Penal Code, pending disposal in this court at the time of his death, was entitled to substitute the appellant as his personal representative and continue to prosecute the appeal.

Background Facts

[2] The appellant was convicted of two charges under s 165 of the Penal Code, and was imposed concurrent sentences of four months'imprisonment for each offence by the Sessions Court at Shah Alam.

[3] The High Court at Shah Alam dismissed the appellant's appeal, and affirmed the conviction and sentence. The appellant then appealed against both conviction and sentence to the Court of Appeal pursuant to s 50 of the Courts of Judicature Act 1964; and had obtained a stay of execution of the sentence. Whilst awaiting the hearing of the appeal, the appellant passed away.