Page:HKSAR v. Xu Shengqi (CACC 463-2010).djvu/13

Rh upon excavation and during their post-mortem examinations were adduced as admitted facts. In any event, we are satisfied that the photographs had a positive probative value, in that they showed material that bore on the issue of he presence or otherwise of the applicant’s intent when he killed the deceased, which was at issue in respect of each of the four counts of murder, which probative value outweighed their prejudicial effect. Moreover, the Judge very properly warned the jury that the photographs were upsetting but that they should not allow the photographs to prejudice them against the applicant in any way.

Additional matters

44. In his letter to the court dated 8 August 2011, the applicant states that he suffered from meningitis and cranial nerve disease when he was young.

45. However, this was never raised at the trial and it would appear that this is the first time the applicant has raised these matters. Nor is there any evidence that these alleged illnesses affected the applicant at the time of the killings. These are not matters which can or should be taken into account on this application.

Sentence

46. Another matter raised in the applicant’s letter dated 8 August 2011 is a request that the court substitute a definite sentence of imprisonment in place of the sentence of life imprisonment imposed by the Judge in respect of his convictions for murder (on counts1, 2 and 4). This is a plea which he developed at length in his oral submissions to the court.

47. The applicant states that the murders were not planned but instead were committed on the spur of the moment due to a lapse of self-control. He