-3-
on 23rd March, 1978 and was given concurrent five year sentences on
}
these counts. In addition to being convicted on the murder count A6
....: Y
་
was convicted on the robbery count and sentenced to 12 years imprisonment.
.efore DALJ J
301
AVIA „A
The Crown case depended very largely on the evidence of Yiu Wing-
N JERS
+
sang who was allowed to turn Crown witness and given immunity from
1
prosecution. Despite my strong warning to the jury of the dangers of
Mit
2.20
·་
convicting upon the uncorroborated testimony of a self-confessed
að betrof Jayd
4.
accomplice they clearly accepted him as a witness of truth, in my view
13
こ
correctly. Another man called Suen Chi-ke ung had also been given
}
77
J
7
*
immunity. He had given oral evidence against the accused at the
•
C
committal proceedings before the magistrate but did not testify at the
trial. He like Al had apparently taken a large part in the planning
of this crime but had not been present when it was committed.
i.
.
The second and fourth accused did not testify in their own
defence and rested their defence to the murder charge on the fact that
neither of them had fired the fatal shot and their claims that it had
only been intended to use the firearms to frighten the victims, at the
most by firing warning shots at the ceiling of the premises, and that
they believed that there would be no armed retaliation to the attack.
The sixth accused gave evidence in his defence. He denied
being present at the robbery. He admitted taking a large part in the
planning of the crime, even to the extent of instigating it and providing
the two revolvers and ammunition for them but said that he was a police
informer and did so with a view to the apprehension of the robbers.
The Crown's view was that at best he was aiming to get the best of both
worlds, planning and sharing in the proceeds of the robbery and later
participating in any reward that might be offered in connection with it.
On his own admission he neither infomed the police that the robbery
was about to take place nor gave information subseqently, but went