plaintiff:
  - HKSAR

defendant:
  - MBUGUA JAMES WAIGWA

case_reason: >
  The defendant was charged with trafficking in dangerous drugs after arriving at Hong Kong International Airport from Kuala Lumpur on 6 July 2008. Customs officials observed abnormal abdominal bulging, and medical examination confirmed foreign objects in his body. Over 9 days, he excreted 75 pellets containing 610.67g of heroin hydrochloride with a street value exceeding $500,000.

judgment_summary: >
  The Court of Appeal dismissed the application for leave to appeal out of time against conviction. The applicant was convicted on 21 May 2009 of trafficking in dangerous drugs and sentenced to 21 years imprisonment. The appeal was substantially out of time (over 1.5 years delay) and the ground of appeal concerning the judge's direction on duress defense was not substantial or plainly arguable. The court found no merit in the argument that the judge's use of "immediate or almost immediate" harm excluded threats to the applicant's father, and confirmed that the judge properly directed the jury on the defense of duress and evasive action available to the defendant.

jurisdiction_code: >
  HKCA

jurisdiction_name: >
  Hong Kong Court of Appeal

case_location:
  - Hong Kong International Airport
  - High Court of the Hong Kong Special Administrative Region
  - Court of Appeal

case_object:
  - 75 pellets containing 610.67g of heroin hydrochloride

judgment_result:
  - allegation_content: Trafficking in dangerous drugs
    established: Y
  - allegation_content: Application for leave to appeal out of time against conviction
    established: N

involved_entities:
  - name: Deputy High Court Judge Mackintosh
    state_reasons: Presided over the original trial and convicted the applicant on 21 May 2009
  - name: Hon Yuen JA
    state_reasons: Justice of Appeal who delivered the judgment of the Court dismissing the application
  - name: Barnes J
    state_reasons: Judge of the Court of First Instance hearing the appeal
  - name: McWalters J
    state_reasons: Judge of the Court of First Instance hearing the appeal
  - name: Mr Phillip Ross
    state_reasons: Counsel representing the applicant in the appeal, instructed by Christine M. Koo & Ip, assigned by the Director of Legal Aid
  - name: Ms Catherine Ko
    state_reasons: Acting Assistant Director of Public Prosecutions representing the respondent
  - name: Hartmann JA
    state_reasons: Justice of Appeal who dismissed the earlier application for leave to appeal against sentence on 14 May 2010
  - name: Lunn J
    state_reasons: Judge who dismissed the earlier application for leave to appeal against sentence on 14 May 2010
  - name: West Africans
    state_reasons: Alleged perpetrators who the defendant claimed forced him to swallow the drug pellets under duress and threats to his family
  - name: Customs officials
    state_reasons: Officers at Hong Kong International Airport who observed the defendant's abnormal abdominal bulging and arrested him
  - name: Swahili interpreter
    state_reasons: Provided interpretation services during the defendant's interview with Customs officers
