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Written by: Zhu Dixin
2021-02-10 16:46
The last update date: 2021-02-10 16:46
After the decoration contractor had a foot massage with his ex-girlfriend, he met the ex-girlfriend's current boyfriend. The current boyfriend suspected that the contractor had an affair with his girlfriend. He slapped his girlfriend on the spot. The contractor had a dispute over flower protection. The current boyfriend was suspected of being beaten to the back of his head. He was seriously injured and died after being hospitalized for 1 week.
The convict was convicted of manslaughter and sentenced to 3 years in prison. He appealed against him.
The Court of Appeal today (10th) handed down the verdict, ruling that the consignor’s appeal was successful and the case does not need to be retrial.
The appellant Cen Wenhui (45 years old) was originally charged with illegally killing Wang Yiming (37 years old) in Kowloon City on July 23, 2018.
In the judgment, the judge of the Court of Appeal pointed out that the trial judge had insufficient guidance to the jury regarding the appellant's subjective ideas at the time of the case, and therefore ruled that the appellant had the right to revoke the original sentence.
Even if you overreact, the prison term will not exceed 18 months
As for whether the case needs a retrial, the judge of the Court of Appeal pointed out that the appellant did not agitate the victim in the case, and even expressed to the other party that he did not want to fight with the other party. Although someone died in the case, even if the appellant committed the crime due to overreaction, he was sentenced to prison. No more than 18 months in prison.
Considering the evidence in the case and the appellant had served 10 months in prison, it was decided that the case does not need to be retrial.
Case Number: CACC338/2019
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Manslaughter Appeal Court