20 Feb 2014
香港特別行政區 訴 歐永新
- Citation
- 香港特別行政區 訴 歐永新
- Court
- Court of First Instance
- Case number
- HCMA691/2013
The magistrate's refusal to award costs conflicted with the acquittal because his adverse inference of self-induced suspicion rested on flawed interpretation and simplistic braking-time calculations that ignored relative vehicle speeds and lacked evidential support; the appellant did not invite suspicion and is therefore entitled to trial and appeal costs, tax to the court if parties cannot agree.