23 Jul 2009
HKSAR v. TAM CHI CHOI
- Citation
- HKSAR v. TAM CHI CHOI
- Court
- Court of Appeal
- Case number
- CACC381/2008
The trial judge erred in convicting the appellant on the basis of intent to steal when the charge alleged intent to cause unlawful damage; the charge did not amount to or include an allegation of intent to steal for the purposes of s51(2) CPO and amendment or substitution at this late stage would cause substantial prejudice, therefore the conviction must be quashed.