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CACC000632/1995
IN THE COURT OF APPEAL
1995, No. 632
(Criminal)
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LUI TAI YEUNG
WAI PING SUM |
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Coram : Hon Yang, C.J., Power, V.-P. and Mortimer, J.A.
Date of Hearing : 21 March 1996
Date of Judgment : 21 March 1996
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J U D G M E N T
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Hon Yang, CJ:
1. This is an application for leave to appeal against conviction on the grounds that the verdicts in respect of the first and second counts were inconsistent.
2. The applicants were acquitted of the first count of murder but convicted of the second count of wounding with intent.
3. The point in issue at trial was one of joint enterprise. On the evidence before the court below, it was quite clear that if the applicants were found not guilty of murder, it would follow that they were not guilty of the wounding as both the wounding and the murder took place at the same time and at the same place.
4. In his usual candidness and fairness, Mr Cross does not oppose the application. We therefore allow the application, treat the hearing of the application as the hearing of the appeal and allow the appeal. The conviction is quashed and sentence set aside.
| ( T L Yang ) |
( N P Power ) |
( J B Mortimer ) |
| Chief Justice |
Vice President |
Justice of Appeal |
Representation:
Mr Duncan Percy (DLA) for Applicants
Mr I G Cross QC and Ms M A Crabtree of the Attorney General's Chambers for Crown/Respondent
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