BACKGROUND
4
9.
The principal evidence aginst CHAN, LEUNG and HO was provided by the accomplice
who also gave evidence against CHUM. YU was an impressive witness who gave evidence in great detail of events which took place at the illegal casino both leading up to and after the killing of the deceased. Both CHAN and LEUNG had elected to plead guilty to the robbery offence at the outset of the trial. HO denied being present at the scene but it is implicit in the jury's verdict that they accepted the evidence of YU Wing-Sang that HO was present and did indeed fire the fatal round.
DEFENCE
10. CHAN and LEUNG did not give evidence at the trial. It was their defence that whoever fired the fatal round had gone beyond what was tacitly agreed as being the scope of the common enterprise. HO gave evidence to the effect that although he had helped set up the robbery he did not himself participate. He was a less than impressive witness and it is clear the jury rojected his version of events.
PREVIOUS CONVICTIONS
Their previous convictions are as follows
11.
NAME
OFFENCE
DATE
SENTENCE
Possession of an offensive weapon
1972
3 months
11
3 counts of wounding
1972
4 years
12
Membership of triad
1976
society
Conditional discharge for
18 months on bond.
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