TNAG-0488-FCO40-553-Review-of-death-sentence-in-Hong-Kong-1974 — Page 65

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whoever did strike those blows. For example, the judge said:

"But if a jury is left in this position

that they do not know who struck the fatal blow and they were to feel that some had an intention only to inflict a not serious injury and others had the intention to inflict serious injury or to kill, then, not knowing who struck the blow, a jury could only arrive at a verdict of manslaughter".

It is said that in such circumstances those who had the lesser

intent would not have been guilty either of murder or of manslaughter. We do not think it is necessary to consider that, because, even if the direction were wrong, it could not cause any misunderstanding of the liability of the Appellant if it was proved that he struck the fatal blows. The error could, moreover, only have been material if the jury had returned a verdict of Not guilty of murder but guilty of manslaughter.

The application is dismissed.

(ཆ,,་,。,

10th June 1974.

Bern:cchi.C. & H.Y. Loung (T.M. Chow & Co.)

for appellant.

Charwood C.., for Crown/Respondent.