香港特別行政區 訴 周衍龍

香港特別行政區 訴 周衍龍

The court exercised its discretion in the interests of justice to allow D1 to change his pleas on counts 2 and 3 from wounding with intent (section 17) to assault occasioning actual bodily harm (section 19) because D1's affidavits and counsel's admissions showed the earlier plea was entered with an over-focus on sentencing rather than facts and counsel had not adequately explored the merits of a lesser plea; the prosecution retains the right to accept or reject the amended pleas, and if rejected the court will proceed to trial to determine guilt.

Citation
[2023] HKDC 726
Parties
Prosecution: 香港特別行政區; First Defendant: 周衍龍
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 May 2023
Case Number
DCCC714/2021
Procedural Posture
Criminal (assault/wounding) / Post Plea Plea Alteration Application Before Sentencing
Outcome
Application granted to alter D1's pleas on counts 2 and 3 from wounding with intent (section 17) to guilty pleas of assault occasioning actual bodily harm (section 19); prosecution to decide whether to accept amended pleas or require trial.
Legal Topics
Wounding With Intent, Assault Occasioning Actual Bodily Harm, Withdrawal/alteration of Guilty Plea, Judicial Discretion, Section 17 Offences, Section 19 Offences
Source Language
CH
Criminal Law Procedural Law Wounding With Intent Assault Occasioning Actual Bodily Harm Withdrawal/alteration of Guilty Plea Judicial Discretion Section 17 Offences Section 19 Offences

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Parties

香港特別行政區

Prosecution

周衍龍

First Defendant

Procedural Posture

Criminal (assault/wounding) / Post Plea Plea Alteration Application Before Sentencing

Legal Issues

  1. 1 Whether to permit D1 to change pleas from wounding with intent (section 17) to assault occasioning actual bodily harm (section 19) after earlier clear guilty plea
  2. 2 Whether the earlier plea was informed and unequivocal and made with adequate legal advice
  3. 3 Whether the interests of justice require permitting withdrawal or alteration of the plea

Ratio Decidendi

The court exercised its discretion in the interests of justice to allow D1 to change his pleas on counts 2 and 3 from wounding with intent (section 17) to assault occasioning actual bodily harm (section 19) because D1's affidavits and counsel's admissions showed the earlier plea was entered with an over-focus on sentencing rather than facts and counsel had not adequately explored the merits of a lesser plea; the prosecution retains the right to accept or reject the amended pleas, and if rejected the court will proceed to trial to determine guilt.

Court Disposition

Application granted to alter D1's pleas on counts 2 and 3 from wounding with intent (section 17) to guilty pleas of assault occasioning actual bodily harm (section 19); prosecution to decide whether to accept amended pleas or require trial.

Orders

  • Application to change pleas on counts 2 and 3 granted; pleas altered to assault occasioning actual bodily harm (section 19).
  • Prosecution to notify court whether it accepts amended pleas; if prosecution does not accept, court to conduct trial to determine D1's guilt on counts 2 and 3.