104
Laws of Malaysia
Act 593
(2) If the acts alleged constitute an offence falling within two
or more separate definitions of any law in force for the time being
by which offences are defined or punished, the person accused
of them may be charged with and tried at one trial for each of
those offences.
(3) If several acts, of which one or more than one would
by itself or themselves constitute an offence, constitute when
combined a different offence, the person accused of them may
be charged with and tried at one trial for the offence constituted
by those acts when combined, or for any offence constituted by
any one or more of those acts.
(4) Nothing contained in this section shall affect section 71 of
the Penal Code.
ILLUSTRATIONS
to subsection (1)
(a) A rescues B, a person in lawful custody, and in so doing causes grievous
hurt to C, a constable in whose custody B was. A may be charged with
and tried for offences under sections 225 and 333 of the Penal Code.
(b) A has in his possession several seals, knowing them to be counterfeit,
and intending to use them for the purpose of committing several forgeries
punishable under section 446 of the Penal Code. A may be separately
charged with and convicted of the possession of each seal under section
473 of the Penal Code.
(c) With intent to cause injury to B, A institutes a criminal proceeding
against him, knowing that there is no just or lawful ground for such
proceeding; and also falsely accuses B of having committed an offence,
knowing that there is no just or lawful ground for such charge. A may be
separately charged with and convicted of two offences under section 211
of the Penal Code.
(d) A, with intent to cause injury to B, falsely accuses him of having
committed an offence, knowing that there is no just or lawful ground for
such charge. On the trial A gives false evidence against B, intending thereby
to cause B to be convicted of a capital offence. A may be separately charged
with and convicted of offences under sections 211 and 194 of the Penal
Code.
(e) A, with six others, commits the offence of rioting, grievous hurt, and
assaulting a public servant endeavouring, in the discharge of his duty as
such, to suppress the riot. A may be separately charged with and convicted
of offences under sections 145, 325 and 152 of the Penal Code.
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