24 Oct 2024
Because the alleged errors in the summons/charge did not cause actual unfairness to the appellant, the trial judge and this court were entitled to correct them; accordingly the appeal fails and the conviction is upheld.
23 Feb 2006
The appellant's admissions established possession of the items but only an intent to use them for self-defence; that does not satisfy the second element of section 17 Summary Offences Ordinance (intent to use for an unlawful purpose), therefore the facts admitted did not amount to the charged offence and the conviction under s17 must be quashed; notwithstanding the quashed conviction the court may, exercising powers under s119 of the Magistrates Ordinance and s45 of the Mental Health Ordinance on the basis the appellant did the act, make a hospital order and a four month hospital order was ap…