22 Jul 2011
HKSAR v. PABUSTAN GEMMA ALTECHE
- Citation
- HKSAR v. PABUSTAN GEMMA ALTECHE
- Court
- Court of First Instance
- Case number
- HCMA145/2011
The magistrate erred by treating a charge of 'dropping' under s4B(1) as if it were 'allowing to fall' and by characterising the offence as one of strict liability without following the mandatory amendment procedures in s27; because 'dropping' requires proof of a conscious act (mens rea) and there was a material irregularity the conviction was quashed and sentence set aside.