12 Jul 1980
MAK SUN KWONG AND ANOTHER v. THE QUEEN
- Citation
- MAK SUN KWONG AND ANOTHER v. THE QUEEN
- Court
- Court of Appeal
- Case number
- CACC1108/1979
Conspiracy convictions were quashed because the trial judge failed to resolve an equally viable alternative inference (a conspiracy to defraud) leaving the conspiracy finding unsafe; convictions for incitement to conspire were upheld because incitement is complete where the defendant reaches and seeks to influence the mind of the incitee and requires intention/recklessness to influence rather than proof of a pre-existing conspiracy or completion of the substantive offence; sentencing was re-opened and reduced to reflect true culpability (first appellant 15 months, second appellant 9 months).