DECISION RESERVED

Otago Daily Times, Issue 27499, 20 September 1950, Page 4

DECISION RESERVED

Appeal Against Sentence

MURDER OF CHINESE PA WELLINGTON, Sept. 19. The Court of Appeal today reserved decision on an appeal by Ronald Hugh Malcolm against a life sentence for the murder of Lee Hoy Chong at Auckland on May 22. Malcolm was found guilty, together with Francis Patrick O’Rourke, by a jury at Auckland in August. Mr R. K. Trimmer, for Malcolm, contended that Malcolm had withdrawn from the common purpose with O’Rourke and had left the premises when O’Rourke had asked him to pass an axe and Malcolm stated that he would have nothing more to do with the matter. Mr Trimmer said Malcolm could not be held guilty of murder when he had withdrawn from the common purpose, revoked any intention to participate in the use of violence which was known, or ought to have been known, would cause death. Authorities permitting the court to reduce the charge from murder to manslaughter were cited by Mr Trimmer. A member of the court, Mr Justice Finlay, said he doubted whether Section 90 (2) of the Crimes Act allowed Malcolm to be found guilty of manslaughter when O'Rourke had been found guilty of murder and also whether in aiding or abetting or being a party to O'Rourke's purpose Malcolm could be guilty of a crime not committed by O’Rourke.