6
!
The 2nd accused was categorical in his evidence that the deceased was in no way injured when he left the bedroom after the deceased was put on the bed, tied hand and foot and gagged. When they were about to leave the premises at about 8 p.m. the 3rd and 4th accused allegedly told the 2nd accused that they had beaten up the deceased very badly. The 2nd accused said that, shortly afterwards, the 3rd and 4th accused told him they had both used a triangular file to stab the deceased but the 2nd accused said that, at the time, he thought they were joking.
The 3rd and 4th accused in their evidence both maintained that they were not in the deceased's flat at any time on the evening in question and both these accused gave evidence of being elsewhere than in the deceased's premises during the whole of the afternoon and evening of that day and they both called evidence to support their alibi. The 3rd accused in his cautioned statement stated, amongst other things,
"And then I went into the deceased's house. I frankly tell you. I was afraid I had no share of the money, so
I took Shing Chai's triangular file and stabbed him once".
The 4th accused in his cautioned statement said,
amongst other things,
"I held the triangular file ..... and
I stabbed several times at his side."
There was no evidence before the jury as to which
of the accused had inflicted the wounds.
I directed the jury, at some length, on the doctrine of common intent and directed them that, unless
they were satisfied beyond reasonable doubt that an
accused was present and actively participating in a joint enterprise, sharing an intention to kill or to cause grievous bodily harm, they could not find. such an
accused guilty of murder, and I further directed the
jury that if a person acted outside the scope of the
No comments yet.
Private notes are available after approval.