CO129-584-14 Commutation of death sentences to life imprisonment. Includes 9 photographs depicting- [CN 3-42] Commutation of... 22-12-1939 - 17-9-1940 — Page 88

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was a running fight, continued for a period covering all

that area from the three boxes up to the Tak Hing Paint

Shop and that at the end of it, in the heat of passion, the

accused man cut down Leung Ki; that is manslaughter; but

he did not for having cut him down the first time if I may

continue with a botanical metaphor he 'pruned' him three

more times.

There is no reason why the heat of passion

should have lasted long enough to inflict four blows. There

is no reason at all for a man, however flushed he may be with

the triumph of victory, however relieved he may be by the

knowledge that he had avoided further attack, to repeat his

savage attack on his assailant by striking three more

deliberate blows such as we have here.

If you can account for these blows, gentlemen, as blows

struck at random during the running fight, then again the

defence of manslaughter would be available but if you believe

the story of the noodle seller that the blows were struck

after Leung Ki was lying helpless on the ground there, there

can be no question of manslaughter whatsoever.

So I come to the end of my charge to you, You will

remember throughout that it is, as Mr. Prentis has been at

pains to tell you twice, for the prosecution to establish

the guilt of this man to your satisfaction - that is to say

beyond any reasonable doubt - the sort of doubt that would

make you hesitate before acting in important business affairs

or in momentuous domestic affairs. If you have any real

doubt then don't find him guilty of murder: say "I am not

sure." But the only other verdict - so far as I can see here,

as the trial judge who is charged with the task of instructing

you on the law, the only charge that I can suggest is one of

mans laughter and the difference there is this.