31 May 2002
HKSAR v. ADEOLA AREMU GEORGE
- Citation
- HKSAR v. ADEOLA AREMU GEORGE
- Court
- Court of First Instance
- Case number
- HCMA182/2002
Conviction was unsafe because the magistrate convicted the appellant on a factual basis (shoplifting from the Prada shop) different from the charge particularisation (theft by finding on Des Voeux Road) without amending the charge or giving the defence opportunity to meet the alternative case; section 27 required amendment procedures where necessary and section 23(1) does not render all place variances immaterial; accordingly the appeal is allowed and the conviction and sentence set aside.