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