Hong Kong Case Law

30 Nov 1987

THE QUEEN v. LAU CHI KIN

Citation

THE QUEEN v. LAU CHI KIN

Court

Court of Appeal

Case number

CACC297/1987

The appellant's intentional carrying of travel documents, on the evidence, was not capable in law or in fact of constituting an act of assistance or an appreciable contribution to the successful commission of the robbery; the trial judge's direction that 'encouragement' alone sufficed to convict as a principal was inappropriate given the indictment and evidence. Ground 1(iii) succeeds and the conviction is quashed.

• Robbery
• Aiding and abetting
• Accessory before the fact
• Jury directions
• Indictment particulars
• Knowledge requirement

WAN SZE v. THE QUEEN

Citation

WAN SZE v. THE QUEEN

Court

Court of Appeal

Case number

CACC639/1970

Although the appellant was involved in planning and present to assist the robbers and thus sufficiently culpable to merit a substantial sentence, his lack of previous convictions was not adequately reflected in the original sentence of 8 years; accordingly the proper exercise of the appellate court's sentencing discretion required reduction of the sentence to 6 years' imprisonment.

• Robbery with aggravation
• Aiding and abetting
• Accessory before the fact
• Comparative sentencing
• Precedent interpretation