26 Oct 2022
HKSAR v. THUO PENINAH WANGARI
- Citation
- [2022] HKCA 1515
- Court
- Court of Appeal
- Case number
- CACC29/2021
Leave to appeal was granted on Grounds 1 and 2 because it was reasonably arguable that (a) cross‑examination and prosecution closing comments about the applicant's failure to mention duress after arrest could have encroached her right of silence and (b) the trial judge's duress direction (question 3) could have improperly conflated the temporal scope for taking evasive action given competing characterisations of the offence as completed or continuing; Grounds 3 and 4 were refused as not reasonably arguable because the judge dealt with the medical evidence fairly and did not usurp the jury on…