Read the full judgment text of CACC 400/2017 on BabelCite. This Court of Appeal judgment was delivered on 9 February 2022 before Hon Macrae VP, McWalters JA, Zervos JA.
Costs – criminal appeal – retrial – legal aid – brought suspicion on himself – change of defence – costs following the event – applicant's successful appeal against conviction at retrial – order for further retrial – application for costs of appeal and trial limited to legal aid contributions – respondent objected to trial costs on basis applicant brought suspicion on himself by changing defence – court adopted practical approach – applicant indigent and eligible for legal aid – first trial costs already refused – costs granted to restore position as legally aided defendant – HKSAR v Chan Man Sum Ivan (No 2) [2021] 3 HKLRD 94 – HKSAR v Chan Man Sum Ivan [2017] 4 HKLRD 368 – HKSAR v Chan Man Sum Ivan (Unrep., CACC 273/2015, 17 October 2017)
Legal issues: Costs of retrial following successful appeal
Outcome: Applicant granted costs of both trial and appeal at his retrial, limited to respective legal aid contributions.
Cited by 2 cases · Cites 1 case