22 Nov 2013
HKSAR v. LAM SIU FUNG AND ANOTHER
- Citation
- HKSAR v. LAM SIU FUNG AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACC326/2012
The Court held the jury's guilty verdicts were unambiguous despite a non‑standard pro forma because the summing up and pro forma clearly required a verdict on murder first and the jury's conduct (no protest and acceptance of mandatory life sentence) confirmed understanding; the evidence (CCTV and accomplice) supported joint enterprise liability and the trial judge correctly directed on withdrawal; a Kevin Brown direction was unnecessary because disputed factual roles were evidential means to prove mens rea rather than alternative mutually exclusive ingredients; the s.67B(2) judge's report was…