plaintiff: []
defendant:
- HKSAR
jurisdiction_code: HKCA
jurisdiction_name: Court of Appeal of the High Court of the Hong Kong Special Administrative Region
case_location:
- 香港特別行政區
- Hong Kong Special Administrative Region
case_reason: >-
  Defendant pleaded not guilty to trafficking in dangerous drugs, claiming coercion due to a previous
  kidnapping and threats against his family.
case_object:
- trafficking in dangerous drugs
judgment_result:
- charge: Application for leave to appeal against conviction out of time (liability issue)
  result: Dismissed. The judge did not misdirect the jury on the concept of 'evasive action' and adequately
    referred to the Applicant's evidence regarding his father’s position.
judgment_summary: >-
  In HKSAR v. Mbugua James Waigwa, the defendant appealed out of time against a conviction for trafficking
  in dangerous drugs. The court dismissed his application, finding no misdirection by the trial judge
  on 'evasive action.' Evidence showed he was coerced after his father's kidnapping but this did not justify
  his actions. Key laws and precedents were cited to uphold the original verdict.
involved_entities:
- entity_name: Hon Yuen JA
  reason: Presiding judge in this case, responsible for fact-finding and adjudication.
- entity_name: Barnes JJ
  reason: Judge in the Court of Appeal.
- entity_name: McWalters JJ
  reason: Judge in the Court of Appeal.
- entity_name: Deputy High Court Judge Mackintosh
  reason: Judge who convicted the Applicant on 21 May 2009.
- entity_name: Hartmann JA and Lunn J (now Lunn JA)
  reason: Judges in another division of this court who dismissed the application for leave to appeal against
    sentence on 14 May 2010.
- entity_name: Mr Ross
  reason: Counsel representing the Applicant in his appeal.
