Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

S.83v criminal procedure ordinance
  • 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.