HONG KONG SPECIAL ADMINISTRATIVE REGION v. CHOW CHI WAI AND ANOTHER

HONG KONG SPECIAL ADMINISTRATIVE REGION v. CHOW CHI WAI AND ANOTHER

Application refused because the evidence relevant to the acquitted manslaughter counts would, on the facts, have had to be led in any event for the offence on which the defendant was convicted and the prosecution's conduct did not unnecessarily increase defence costs to a degree warranting an award.

Citation
HONG KONG SPECIAL ADMINISTRATIVE REGION v. CHOW CHI WAI AND ANOTHER
Parties
Prosecution: Hong Kong Special Administrative Region; First Defendant: Chow Chi Wai; Second Defendant: Lai Sai Ming
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 February 2016
Case Number
HCCC458/2013
Procedural Posture
Criminal Manslaughter and Endangering Safety at Sea / Post Trial Application for Costs Under Costs in Criminal Cases Ordinance (cap 492) Following Jury Verdicts
Outcome
Application for partial recovery of costs refused.
Legal Topics
Manslaughter, Costs in Criminal Cases, Endangering Safety at Sea, Joint Trial, Expert Evidence
Source Language
EN
Criminal Law Procedure Costs Law Maritime Law Manslaughter Costs in Criminal Cases Endangering Safety at Sea Joint Trial +1 more

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Parties

Hong Kong Special Administrative Region

Prosecution

Chow Chi Wai

First Defendant

Lai Sai Ming

Second Defendant

Procedural Posture

Criminal Manslaughter and Endangering Safety at Sea / Post Trial Application for Costs Under Costs in Criminal Cases Ordinance (cap 492) Following Jury Verdicts

Legal Issues

  1. 1 Whether an acquitted defendant who is convicted of another offence is entitled to costs for the acquitted counts under s6 Cap 492
  2. 2 Whether the evidence for the acquitted charges would have been led regardless because it overlapped with evidence for the convicted charge
  3. 3 Whether the prosecution's conduct increased defence costs unjustifiably

Ratio Decidendi

Application refused because the evidence relevant to the acquitted manslaughter counts would, on the facts, have had to be led in any event for the offence on which the defendant was convicted and the prosecution's conduct did not unnecessarily increase defence costs to a degree warranting an award.

Court Disposition

Application for partial recovery of costs refused.