9
So
4th appellant did not directly exculpate himself in any way.
clear is this that perhaps no warning at all was necessary in the circumstances, but be that as it may, we are inclined to adopt the further words of Diplock L.J. in the same case where he said:
"It is desirable in most cases that perhaps a little more should be said by way of warning than was said by the Chairman in this case, but each case depends upon its own facts and in the view of this Court
the warning which he gave was adequate for those purposes."
Indeed this was not the only warning given by the learned commissioner
in respect of the evidence of others as to the activities of the
4th appellant for in the course of his summing-up the learned
commissioner said of the 4th appellant:
"Of course you have to bear in mind that other accused persons might think that they would push all the blame onto her, off themselves, in the hope or expectation
that she might be more leniently dealt with being a woman".
Moreover, quite apart from the warning given by the
learned commissioner it is apparent that there was abundant evidence
of corroboration in the recitals of events given by YEUG Shing and
Pik Kwan and this rendered apposite the words of Humphreys, J. in
the case of Garland
(4)
O
The learned judge there said:
"The evidence of corroboration was clear and convincing. We are satisfied that if there had been a direction to the jury on the subject of accomplices, which we regret was not given, it would have made no difference to the result
of the case. On, that ground we dismiss the appeal".
As we have said, we are of the view that there was no
necessity for a direction in regard to corroboration in respect of
any of the appellants but had the matter been otherwise we would,
in view of the ample evidence of corroboration, have adopted the
same course as did the court of criminal appeal in the case of
Gerland.
A ground of appeal common to all the appellants was that the learned commissioner failed adequately to direct the jury upon
the matter of common intention. It was said that the direction
given, failed to leave to the jury the question whether each
accused had the same intention as the person or persons he was assisting.
(4) (1942-44) 29 Cr. App. R. 46n.