CO129-541-11 Cheng Kwok Yau- trial judge's notes 1-1-1932 - 31-12-1932 — Page 15

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Jenking

I claim that I have the right to attack the sum¬ing-up

The

by reason of section 78 of Ordinance 9 of 1899.

language is almost identical with the t of the Criminal

Appeal Act.

The sun ing-up discloses a misdirection on

a question of 1. The second point is that a mis-

direction on a question of law is a question of law and

is therefore referable to this court. On such reference

I am entitled to discuss the surning-up generally, on

the point of whether a substantisk miscarriage of

justice has a curred.

R. v. Taylor (1875) 2 C.G.R. 147. di sdirection

on point of law reserved.

k. v. Meyer (1908) 1 c. c. . 10. Misdirection

on law is a point of law.

My only point is that there has been a substantial

miscarriage of justice, assuming Potter's argument to

be correct.

To Kemp C.JA

Sheldon: I do not know yet how much of the Zimmern

and Christie evidence is objected to.

Jenkin: The duties of the trial judge are:

1.

2.

In any case other then a simple one it is the

duty of the judge to direct the jury on both

the law and tue facts.

If there is a mass of evidence it is the duty

of the judge to sift it and put it to the

jury in such a way that they will appreciate it.

3. The jury art entitled to that aɛsistance from

the judge in order to avoid their being lulled

into a miscarriage of justice on their part.

The speeches of Counsel cannot relieve the

Judge of that duty.

4.