2 Sept 1987
THE QUEEN v. JACQUELINE HAMILTON
- Citation
- THE QUEEN v. JACQUELINE HAMILTON
- Court
- Court of First Instance
- Case number
- HCMA581/1987
The omission of the essential element 'with intent to avoid payment' from the particulars was a material defect because the offence requires a specific intent to permanently avoid payment; the magistrate failed to exercise the mandatory power under s.27 to amend the charge and, being apparently unaware of the required specific intent, could not have properly determined guilt on that element; accordingly the conviction was unsafe and must be quashed and a retrial ordered.