HKSAR v KHAN WASAL

HKSAR v KHAN WASAL

The judge refused the defence costs because the defendant deliberately withheld cogent identifying evidence of the central defence witness until the late stages of trial, thereby misleading the prosecution and causing them to treat their case as stronger; that conduct constituted positive reasons to refuse costs despite the jury's acquittal.

Citation
HKSAR v KHAN WASAL
Parties
Prosecution: HKSAR; Accused: Khan Wasal
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 August 2010
Case Number
HCCC389/2009
Procedural Posture
Criminal Drug Trafficking / Post Trial Costs Application After Acquittal
Outcome
Application for costs by the defence refused; acquittal stands.
Legal Topics
Costs After Acquittal, Right to Silence, Disclosure and Timing of Evidence, Judicial Discretion in Costs, Presumptions Under Dangerous Drugs Ordinance
Source Language
EN
Criminal Law Criminal Procedure Drug Offences Evidence Costs After Acquittal Right to Silence Disclosure and Timing of Evidence Judicial Discretion in Costs +1 more

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Parties

HKSAR

Prosecution

Khan Wasal

Accused

Procedural Posture

Criminal Drug Trafficking / Post Trial Costs Application After Acquittal

Legal Issues

  1. 1 Whether an acquitted defendant is entitled to costs
  2. 2 Whether withholding identifying evidence until late in the trial justifies refusal of costs
  3. 3 Whether the defendant's conduct misled the prosecution and affected their case management

Ratio Decidendi

The judge refused the defence costs because the defendant deliberately withheld cogent identifying evidence of the central defence witness until the late stages of trial, thereby misleading the prosecution and causing them to treat their case as stronger; that conduct constituted positive reasons to refuse costs despite the jury's acquittal.

Court Disposition

Application for costs by the defence refused; acquittal stands.

Orders

  • Order refusing costs to the defence.