THE QUEEN v. CHEUNG WAI WAH

CACC000133/1985

IN THE COURT OF APPEAL	1985 NO. 133
	(Criminal)

BETWEEN

THE QUEEN   AND   CHEUNG Wai-wah

Coram: Roberts, C.J., McMullin, V.P. & Silke, J.A.

Date: 15 October 1985

-------------------

JUDGMENT

-------------------

 

Roberts, C.J. -

1. The appellant was convicted on 28th March, 1985 of murder. On the appeal which came before us to-day, Mr. Petrus Chan, on his behalf, very properly in our view, indicated to us that there were no grounds which he felt be could properly advance to us in favour of the appellant, and with this view we agree.

2. We have read the transcript of the judge's summing-up and such parts of the evidence as seem to us to be relevant and have no doubt that the judge correctly directed the jury on the sole important issue which was before them.

3. This was a case in which the body of the deceased was found in a refrigerator in his house some weeks after his death. The only evidence against the appellant consisted of admissions and statements which were made by him to police officers after his arrest. These statements, if accepted as voluntary and as accurate, provided ample evidence on which the jury could convict him.

4. The judge held a long and careful voir dire, during which the admissibility of the statements was challenged by the appellant, who gave evidence during the course of it. At the conclusion thereof, the judge directed himself correctly on the law governing the admissibility of such statements and, being satisfied that they were voluntary in nature, duly admitted them.

5. We can find no fault in the summing-up and on the basis of these statements the jury were entitled to reach the conclusion which they did.

6. Therefore the appeal against conviction must be dismissed.

Representation:

Mr. P. Chan (D.L.A.) for Appellant

Mr. G.J. Lugar-Mawson, Snr. Asst. Crown Prosecutor for Respondent