刑事檢控科各律師/高級律 - Department of Justice

46
G. PRACTICE AND PROCEDURE
常 規 與 程 序
CA 542/2002
Stock JA
Gall &
Beeson JJ
(21.6.2004)
*D G Saw SC &
Peggy Lo
#J Haynes
LI
Suet-ping
Prosecuting counsel/Improper expression to jury of personal
opinion/Counsel’s role that of an advocate for a case/Judge to
correct improper comment
控 方 律 師 – 向 陪 審 團 發 表 個 人 意 見 屬 不 當 – 律 師
的 職 責 是 作 為 案 件 的 代 訟 人 – 法 官 應 更 正 不 恰 當
的 評 論
Having dismissed the application for leave to appeal against
a conviction for murder, the court commented upon an aspect of
prosecuting counsel’s address to the jury.
In the course of the address to the jury, and after rehearsing
the Applicant’s account about how her husband chased her into the
kitchen after he had been burnt with oil and a discussion they were
meant to have had, according to the Applicant, of meeting in the
after-life, counsel said ‘To me, members of the jury, and I’m sure
it is to you, it’s just total nonsense ’.
The Court observed:
This was an improper remark. Counsel should never
express a personal opinion of this kind. This is not his
or her job. Counsel’s job is that of an advocate for a
case, and not as a proponent of his or her own views;
most particularly not before a jury. Nor should a
judge permit such advocacy to pass without comment.