31 Jan 2002
HKSAR v. HOLMES JOHN PALMER
- Citation
- HKSAR v. HOLMES JOHN PALMER
- Court
- Court of First Instance
- Case number
- HCMA585/2001
Although the appellant was charged under s39B(1)(a), the evidence and trial conduct established the matter fell under s39B(2); the appellate court has power under the Magistrates Ordinance to substitute a conviction to the correct subsection where no injustice results and, in exceptional circumstances, may do so without ordering a retrial; accordingly the conviction is varied to s39B(2) and (6) and the original sentence is applied to the substituted conviction.