20 Aug 2009
HKSAR v. SOHN, PATRICK TAE JIN
- Citation
- HKSAR v. SOHN, PATRICK TAE JIN
- Court
- Court of First Instance
- Case number
- HCMA550/2009
On a fresh exercise of discretion the court may consider conduct forming part of the setting for the offence even if not an ingredient of the offence; however the appellant's silence or failure to apologise cannot be used against him because of the right against self-incrimination; weighing the appellant's gross negligence in opening the iron grille short of recklessness justifies a reduction of costs below, resulting in an award of half the magistrates' costs and full costs of the appeal.