HKSAR v. CANAVERAL, JOEMAR ROBLAS AND ANOTHER

HKSAR v. CANAVERAL, JOEMAR ROBLAS AND ANOTHER

Because the prosecution delayed disclosure of material exculpatory evidence which prolonged the appellants' custody and incurred legal costs, and because costs follow the event, the court set aside the magistrate's $10,000 award and ordered that the appellants have their costs here and below, to be taxed if not agreed.

Citation
HKSAR v. CANAVERAL, JOEMAR ROBLAS AND ANOTHER
Parties
Respondent: HKSAR; 1st Appellant: CANAVERAL, JOEMAR ROBLAS; 2nd Appellant: SOLIVEN, CAROLINE EROJO
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 May 2008
Case Number
HCMA271/2008
Procedural Posture
Magistracy Appeal (court of First Instance) / Judgment on Appeal (costs)
Outcome
Order of $10,000 set aside; appellants granted their costs here and below, to be taxed if not agreed.
Legal Topics
Bail, Disclosure/prosecutorial Duty, Costs Orders, Taxation of Costs, Withdrawal of Charge, Possession of Ammunition
Source Language
EN
Criminal Law Procedure Costs Law Bail Disclosure/prosecutorial Duty Costs Orders Taxation of Costs Withdrawal of Charge +1 more

Case Brief

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Parties

HKSAR

Respondent

CANAVERAL, JOEMAR ROBLAS

1st Appellant

SOLIVEN, CAROLINE EROJO

2nd Appellant

Procedural Posture

Magistracy Appeal (court of First Instance) / Judgment on Appeal (costs)

Legal Issues

  1. 1 Whether the magistrate's costs award of $10,000 was adequate
  2. 2 Whether the Respondent must pay costs here and below
  3. 3 Whether costs should be taxed if not agreed

Ratio Decidendi

Because the prosecution delayed disclosure of material exculpatory evidence which prolonged the appellants' custody and incurred legal costs, and because costs follow the event, the court set aside the magistrate's $10,000 award and ordered that the appellants have their costs here and below, to be taxed if not agreed.

Court Disposition

Order of $10,000 set aside; appellants granted their costs here and below, to be taxed if not agreed.

Orders

  • Set aside the magistrate's costs order of $10,000 in favour of the appellants
  • Order that the appellants have their costs here and below, to be taxed if not agreed