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88
If you believe the Crown witnesses that there was no
more than a little provocation, a little abuse, by Leung
Ki like the tap on the shoulder "Better behave yourself
in this street, you know", then that would be Murder.
There is no shadow of doubt of it even if you believe that
there was a certain amount of provocation, for the use of
such a weapon as a chopper, the continued ferocious use of
such a weapon as this sharp chopper will not excuse
prisoner in this case, and will not reduce his offence
from murder to manslaughter. So if you accept the story
told by the Crown witnesses there will be one verdict and
one verdict only that the prisoner is guilty of murder.
If you accept in its entirely and at its face value the
story told by the prisoner whether or not you care to
reinforce it by the vague meanderings of Leung Ki in
hospital on 1st and 2nd October the question for you is
this. Was there such a continued fight between Leung Ki
and the prisoner, a fight which began on equal terms, which
took such a course as to put prisoner fortuitiously and
accidentally in possession of a dangerous weapon and so
enabled him to use that dangerous weapon. Was there such
a fight as would to your satisfaction explain each of
the four grievous and savage wounds which were inflicted
and make each one of them a natural and normal part of
the reaction in passion of a man put where the prisoner was,
a man who was assaulted and came accidentally, without
previous knowledge, in possession of a dangerous weapon.
If you find that, then the prisoner is guilty of manslaughter
only. If, on the other hand, you think that the prisoner,
thinking that he might be assaulted, knew that the chopper
was there, armed himself with it and so went forth and
deliberately attacked Leung Ki - that will be murder.