R. v. WONG CHUNG LING

R. v. WONG CHUNG LING

Although the prosecution's conduct and the resultant disclosures risked prejudicing the Defendant, the prejudice did not reach the exceptional level required to constitute an abuse of process; a retrial is permitted but should not be before the same judge who formed an opinion during the voir dire.

Citation
R. v. WONG CHUNG LING
Parties
Prosecutor/respondent: The Queen; Defendant/applicant: Wong Chung Ling
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 July 1995
Case Number
HCCC395/1994
Procedural Posture
Criminal: Application to Stay Prosecution / Post Trial Application Following Voir Dire and Jury Discharge
Outcome
Application to stay prosecution dismissed; retrial permitted but not before Judge Seagroatt; jury discharged.
Legal Topics
Stay of Prosecution, Retrial, Jury Discharge, Admissibility of Recorded Interviews, Police Interview Procedure, Prejudice and Delay
Source Language
EN
Criminal Law Evidence Procedure Abuse of Process Fair Trial Stay of Prosecution Retrial Jury Discharge +3 more

Case Brief

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Parties

The Queen

Prosecutor/respondent

Wong Chung Ling

Defendant/applicant

Procedural Posture

Criminal: Application to Stay Prosecution / Post Trial Application Following Voir Dire and Jury Discharge

Legal Issues

  1. 1 Whether a retrial would amount to an abuse of process because the Defendant cannot obtain a fair trial
  2. 2 Whether Crown conduct in adducing evidence contrary to assurances prejudiced the Defendant
  3. 3 Whether failure to consider certain interview exhibits in the voir dire impaired the fairness of any retrial

Ratio Decidendi

Although the prosecution's conduct and the resultant disclosures risked prejudicing the Defendant, the prejudice did not reach the exceptional level required to constitute an abuse of process; a retrial is permitted but should not be before the same judge who formed an opinion during the voir dire.

Court Disposition

Application to stay prosecution dismissed; retrial permitted but not before Judge Seagroatt; jury discharged.

Orders

  • Jury discharged
  • Application to stay prosecution dismissed