2.
of manslaughter and this is so however great the degree of intoxication.
On the other hand, if the accused was intoxicated and if he was still,
whilst intoxicated, able to form the specific intent to kill or to cause
serious injury, and if he did form such an intention, then he would in spite of his intoxication be guilty of murder. By their conviction, it
is an inevitable conclusion that the jury must have rejected all those
defences.
The two accused were soldiers. Both were 19 years of age at
the time of the crime. The deceased was a middle-aged man and a wine
The murder took place outside the Sek Kong Army
maker by occupation.
Camp in Kam Tin Main Road.
The two accused had been drinking heavily since the afternoon
one of
of the 17th February 1976. At about 5:30 a.m. on the morning of the
18th, the two accused were seen chasing after three Chinese men, whan was injured in the head. Then the two accused, each armed with a
wooden pole, approached yet another Chinese man and demanded to know the time. The next thing that happened was the assault upon the deceased, who happened to be walking in the vicinity. The two accused set upon the deceased and chased after him. Then they clubbed him until he fell into a ditch. Even after the deceased had fallen, the beating continued.
An onlooker ran up to the two accused and tried to stop them but failed. Eventually they stopped the beating and went away ĺaughing. deceased died of a brain injury. Apart from the incidents already mentioned, the two accused also ran after a public light bu's and one of
them threw a wooden stick into the vehicle.
The
The attack upon the deceased was entirely unexpected and unprovoked. He was alone, unarmed and quite unable to defend himself.
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