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
- CACC1105/1979
The Court allowed the appeals on the conspiracy charges because the trial judge failed to resolve an alternative inference (that the defendants were running a confidence trick to defraud Mrs Chan) and therefore conspiracy to pervert the course of justice was not proved beyond reasonable doubt; however, by majority the Court upheld convictions for incitement to conspire because the appellants' communications reached and sought to influence Mrs Chan's mind and the mens rea for incitement was established even in the absence of a pre-existing conspiracy; sentences for incitement were reduced on a…