Today, we’re reviewing the Court’s record with criminal constitutional law cases across the decade just concluded. Between 2010 and 2019, the Court decided 92 criminal constitutional law cases. Defendants won 27 of those cases and lost 65. From 2010 to 2012, defendants won five and lost 19. From 2013 to 2016, the defendants won 10 and lost 30. Between 2017 and 2019, the defendants won 12 and lost 16.
Fifty-four of those cases were won by the defendants at the Court of Appeal. The Court affirmed 14 of those decisions while reversing, in whole or in part, 40 decisions. Between 2010 and 2012, defendants won three and lost nine defending decisions they’d won below. From 2013 to 2016, defendants were five and 19. From 2017 to 2019, defendants won six and lost 12.
The remaining 37 decisions were lost by the defendants at the Court of Appeal. Twelve of those decisions were ultimately reversed by the Supreme Court and 25 were affirmed. Between 2010 and 2012, defendants won two and lost ten cases they had lost below. Between 2013 and 2016, defendants won five and lost 11 of these cases. Between 2017 and 2019, they won five and lost four.
Join us back here tomorrow as we turn our attention to the senior member of the Court in our Justice-by-Justice review, Justice Ming Chin.