Hong Kong Case Law: Decisions & Judgments

Topic

Duress (defence)

Legal area

Court

10 Jul 2013

HKSAR v. MBUGUA JAMES WAIGWA

Citation

HKSAR v. MBUGUA JAMES WAIGWA<br>
Court

Court of Appeal
Case number

CACC188/2009

Leave to appeal out of time was refused because the delay was substantial and unexplained by the psychiatric evidence for the relevant period, and the proposed ground (alleged misdirection on duress) lacked merit: the judge correctly followed R v Z and the wording "immediate or almost immediate" was not legally different from "imminent", and the judge had adequately directed the jury regarding the father's position.
10 Jun 1999

HKSAR v. A person unknown alias BRAIN ALFRED HALL

Citation

HKSAR v. A person unknown alias BRAIN ALFRED HALL
Court

Court of Appeal
Case number

CACC343/1998

Leave to appeal was dismissed because the applicant failed to demonstrate that interpreter problems or alleged summing-up errors prejudiced the jury, the trial judge gave adequate directions on the duress defence and burden of proof, no full lies direction was necessary, and the jury reasonably rejected the duress claim such that the conviction is safe.
26 May 1995

R. v. CHAN KWOK CHU

Citation

R. v. CHAN KWOK CHU
Court

Court of Appeal
Case number

CACC522/1994

The judge's reference to the caution statement recording 'unemployed' was an accurate and balanced engagement with evidence that the jury had before it; the direction did not unfairly prejudice the applicant or render the unanimous verdict unsafe, therefore the application for leave to appeal is dismissed.

Hong Kong Case Law

HKSAR v. MBUGUA JAMES WAIGWA

HKSAR v. A person unknown alias BRAIN ALFRED HALL

R. v. CHAN KWOK CHU