17 Jan 2024
HKSAR v. THUO PENINAH WANGARI
- Citation
- [2024] HKCA 22
- Court
- Court of Appeal
- Case number
- CACC29/2021
Where the appellant opened the topic of duress in evidence, the prosecution was entitled to cross-examine her about reasonable opportunities to take evasive action up to the point she was cautioned; the judge’s directions following the specimen direction on duress were correct, including treating the trafficking as a continuing act from ingestion to intended delivery so the jury could consider opportunities to avoid threats during that period; any minimal or non-material engagement with the right to silence did not render the trial unfair, and the conviction and sentence were upheld.