18 Dec 2002
The conviction was quashed because the English and Chinese versions of the charge alleged materially different offences, the accused pleaded to one offence but were convicted of another, creating a fundamental error that rendered the conviction unsafe.
23 Aug 1995
The appeal was dismissed because the trial magistrate correctly handled the accused's lies and credibility issues, accepted the undercover police evidence on essential facts, the discrepancies were insignificant, the charge was not materially defective or prejudicial, and the convictions were safe and supported by the evidence.
2 Sept 1987
The omission of the essential element 'with intent to avoid payment' from the particulars was a material defect because the offence requires a specific intent to permanently avoid payment; the magistrate failed to exercise the mandatory power under s.27 to amend the charge and, being apparently unaware of the required specific intent, could not have properly determined guilt on that element; accordingly the conviction was unsafe and must be quashed and a retrial ordered.
4 Oct 1979
The pleas of guilty were entered under a genuine misapprehension as to whom the plea related (applicant thought he was pleading for the company), rendering the pleas invalid; because of that misapprehension the court allowed the exceptional remedy of certiorari, quashed the convictions and remitted the informations for fresh hearing so the applicant can raise his defence before the magistrate.
4 Oct 1979
The convictions were quashed because the applicant had pleaded guilty under a genuine misapprehension as to the true position and should not be bound by those pleas; although the information on its face disclosed an offence, the invalid plea warranted quashing and remitting the informations for fresh hearing; certiorari was granted despite being a last resort because the applicant showed a genuine case.
13 Jun 1975
Where the defendant's dangerous driving across adjoining streets forms one continuous activity, alleging the offence as occurring in the multiple streets is not impermissibly duplicitous; the singular/plural construction in the statute and authorities (notably Jemmison v. Priddle and Reg v. Clow) support treating closely connected acts as one activity, so the charge was valid and the appeal dismissed.
9 Sept 1974
Because the exhibits had been destroyed before the appeal and their absence prevented satisfactory appellate determination of the conflicts in evidence, the court allowed the appeal and discharged the accused.