23 Nov 2021
HKSAR v. ASIF AHFAQ MEHMOOD AND OTHERS
- Citation
- [2021] HKCFI 3812
- Court
- Court of First Instance
- Case number
- HCCC138/2020
The court refused the defence application: a plea to an offence not on the indictment (s19 Wounding) which the prosecution declined cannot be placed before the jury at arraignment; such a tendered but unaccepted plea is a nullity and not admissible to be tried or relied upon by the jury; the court will not direct the prosecution to amend the indictment under s23 CPO at this stage and s65C cannot be used to admit the fact of an unaccepted plea as part of the prosecution case; leave to apply again is preserved if evidence later supports such an application.