Hong Kong Case Law: Decisions & Judgments

Topic

Sleeping juror

Legal area

Court

19 Sept 2011

DE BRUIN, MICHELLE ROSY v. HKSAR

Citation

DE BRUIN, MICHELLE ROSY v. HKSAR
Court

Court of Appeal
Case number

CACC409/2009

The Court held that although a sleeping-juror complaint is not barred as a matter of law where not raised at trial, the proffered affirmations only established brief episodes of a juror closing his eyes (at most about five seconds) and did not show incapacitation for appreciable periods; accordingly the additional evidence would not afford any ground to allow the appeal and was refused under s.83V; the application for leave to appeal was dismissed and the conviction and 20-year sentence stood.
24 Sept 2002

HKSAR v. LEE CHI WAI

Citation

HKSAR v. LEE CHI WAI
Court

Court of Appeal
Case number

CACC86/2001

The trial judge's directions on possession and trafficking were adequate to require proof of knowledge and purpose to traffic; the limited replay of evidence with defence concurrence did not render the trial unfair; the sleeping juror and alleged prior acquaintance did not establish incapacity or bias sufficient to render the convictions unsafe, therefore leave to appeal and the appeal are dismissed.
19 Mar 1987

THE QUEEN v. WONG WAI BOR

Citation

THE QUEEN v. WONG WAI BOR
Court

Court of Appeal
Case number

CACC465/1986

The application for leave to appeal was refused because the defendant did not apply to the trial judge to discharge the juror, the judge had observed and managed the juror's conduct and concluded the juror did not sleep again, and the exercise of the judge's discretion in leaving the verdict to the remaining jurors was correct and will not be disturbed on appeal.

Hong Kong Case Law

DE BRUIN, MICHELLE ROSY v. HKSAR

HKSAR v. LEE CHI WAI

THE QUEEN v. WONG WAI BOR