TNAG-0681-FCO40-830-Review-of-death-sentences-passed-on-members-of-UK-armed-forc-1977 — Page 35

His Excellency the Governor, Hong Kong.

ANNEX A

TO XCR(77)

189

N17

14th February, 1977

Report to His Excellency the Governor

in respect of Criminal Case No. 52 of 1976

R v George William Puttock and

Donald David Bassett

On the 30th July 1976, the two accused were convicted of the

murder of one Mr. NG Fai by the jury after deliberating for nearly

seven hours. Both accused were sentenced to death. Their appeal against

conviction was dismissed by the Court of Appeal on 10th February 1977.

In my summing-up I directed the jury on the difference between

I also explained to the jury that if two or

murder and manslaughter.

more persons set out to attack another person with the common intention

to cause grievous bodily harm or death and the victim died as result of

the attack, then every person who shared the common intention and

participated in the attack would be guilty of murder, even if he did

not inflict the fatal blow. The accused raised the defences of

provocation, self-defence and intoxication, all of which I also explained

to the jury in my summing-up. On the issue of intoxication I said that

if an accused's intoxication affected his mind in such a way that he was

unable to form the specific intent to kill or cause serious injury, then the

killing being in itself an unlawful and dangerous act, that killing would

be manslaughter because no specific intent is required for the offence