香港特別行政區 訴 陳馳強

香港特別行政區 訴 陳馳強

The judge awarded trial costs because, on review of the evidence and trial record, the defendant's actions did not constitute positive reasons to deny costs or amount to self-created suspicion that misled the prosecution; objective materials (CCTV, phone records) undermined the complainant's evidence and the jury's...

Source-derived case information.

Citation
[2025] HKCFI 1211
Parties
Prosecution: 香港特別行政區; Defendant: 陳馳強
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 March 2025
Case Number
HCCC241/2023
Procedural Posture
Criminal Rape / Post Trial Costs Application After Jury Discharged and Prosecution Offered No Evidence; Defendant Released
Outcome
Application for trial costs granted; application for two senior counsel certificates refused
Legal Topics
Rape, Offer of No Evidence, Trial Costs, Senior Counsel Certificate
Source Language
ct
Criminal Law Evidence Court Costs Rape Offer of No Evidence Trial Costs Senior Counsel Certificate

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Parties

香港特別行政區

Prosecution

陳馳強

Defendant

Procedural Posture

Criminal Rape / Post Trial Costs Application After Jury Discharged and Prosecution Offered No Evidence; Defendant Released

Legal Issues

  1. 1 Whether defendant is entitled to recover trial costs where jury failed to reach a verdict and prosecution subsequently offered no evidence
  2. 2 Whether defendant's conduct amounted to 'self-created suspicion' or otherwise positive reasons to deny costs
  3. 3 Whether two senior counsel certificates should be granted for trial preparation

Ratio Decidendi

The judge awarded trial costs because, on review of the evidence and trial record, the defendant's actions did not constitute positive reasons to deny costs or amount to self-created suspicion that misled the prosecution; objective materials (CCTV, phone records) undermined the complainant's evidence and the jury's inability to convict followed by the prosecution offering no evidence justified awarding costs. The application for two senior counsel certificates was refused because the case was not sufficiently complex or voluminous to require two senior counsel.

Court Disposition

Application for trial costs granted; application for two senior counsel certificates refused

Orders

  • Defendant awarded trial costs of the trial
  • If parties cannot agree the amount of costs, the amount is to be assessed by the Registrar/taxing officer