TNAG-1212-FCO40-1515-Crimes-and-sentences-in-Hong-Kong--including-death-sentences-1982 — Page 129

the deceased, yet the learned trial judge did not in any way adequately direct the jury as to how this change of intention would affect Your Petitioner. Moreover, the said cautioned statement does not in any way support this changed intention to kill, the whole point of getting the 1st and 2nd accused to burgle or to rob the said deceased's room in the absence of this Appellant was because he would have been recognised by the said deceased if he took part and came in. However, of course, such would be unimportant if this Appellant had had the intention

In other words the of killing the said deceased. fact that he was not present itself, on the facts of this case, shows that he had no intention to kill. Appellant's intention from his cautioned statement alone is, Your Petitioner respectfully submits, not

enough to hold him guilty of murder.

The

14.

THAT Your Petitioner further respectfully

submits that the granting of this Petition would give Your Majesty's Council an opportunity to lay down once and for all the law as to joint venture and of the liability of a co-conspirator to commit an unlawful act, in this

case burglary or robbery, where someone, is possibly, deliberately killed in his absence, and unbeknown to him.

15.

THAT Your Petitioner further respectfully

submits that even if there was nothing wrong or otherwise objectionable with the Summing up of the learned trial

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