18 Apr 2018
HKSAR v. NWC
- Citation
- [2018] HKCFI 786
- Court
- Court of First Instance
- Case number
- HCMA336/2017
The magistrate's refusal to award costs was inconsistent with her acquittal reasoning: she acquitted the appellant because the prosecution failed to exclude that the appellant's visual impairment affected her perception, yet punished her for failing to disclose that same impairment to police; because the medical evidence and plea material were already before the prosecution and the acquittal was grounded on that impairment, the appellant should not be deprived of costs. The appeal is allowed and costs awarded.