Read the full judgment text of CACC 96/2000 on BabelCite. This Court of Appeal judgment was delivered on 10 January 2002 before Woo JA, Stock JA, Tong J.
Criminal law – costs – successful appeal – pre-Costs in Criminal Cases Ordinance principles – contribution of defence counsel – partial costs – conviction for conspiracy to traffic in dangerous drugs set aside on grounds of immunity and warning irregularities – retrial ordered – application for costs – whether full costs should be awarded where appellant's counsel contributed to irregularities – held: full costs of appeal but only 75% of trial costs – reasoning: prosecution primarily at fault but defence counsel failed to take obvious points – orders: costs of appeal out of public revenue, 75% of trial costs, no order for costs of specific hearing date.
Legal issues: Costs of appeal and trial after successful appeal
Outcome: Application for costs granted in part: appellant awarded full costs of appeal but only 75% of trial costs.
Cited by 3 cases