Read the full judgment text of FACC3/2012 on BabelCite. This Court of Final Appeal judgment was delivered on 14 September 2012 before Chief Justice Ma, Mr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ, Lord Neuberger of Abbotsbury NPJ.
Criminal law – costs – acquittal – discretion – sufficiency of evidence – appeal allowed – Following Tong Cun Lin v HKSAR and Hui Yui Sang v HKSAR, the court held that the primary focus in depriving a successful defendant of costs is on the defendant's conduct seen against the relevant circumstances, not merely the sufficiency of evidence for charging. The trial judge erred by refusing costs solely on the ground that there was sufficient evidence to justify charging the appellant, without considering his conduct. Appeal allowed; costs of trial and appeal awarded to appellant.
Legal issues: Costs discretion after acquittal
Outcome: Appeal allowed; appellant awarded costs of trial and appeal.
Cited by 3 cases