10
6
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V
Q.
What happened afterwards?
A.
I asked Ah Sha 'were choppers necessary?'.
Ah Sha replied that sometimes they had to be
used.
14.
Q.
And afterwards?
A. Ah Sha again said that they were to be used
in an emergency."
The Petititoner did not physically take part in the killing of the deceased but his involvement in the planning of a robbery where deadly weapons were used could make him criminally liable for murder under the "joint enterprise" principle which was explained by the learned trial judge in his summing-up as follows:-
"...., the ambit of the crime of murder includes
persons who are parties to a plan to kill or do grievous bodily harm whether they are present at the infliction of the harm or not, provided that what was done was within the scope of what had been agreed by the various participants. So that if three persons decided that somebody was to be robbed and that two of them were to go and do it and that they were to take knives and that they were to do whatever they thought necessary if they met with resistance in the way of using those knives, not
../..7
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