22 Apr 2022
香港特別行政區 訴 曾立成
- Citation
- [2022] HKCFI 1097
- Court
- Court of First Instance
- Case number
- HCMA291/2020
Where a trial judge accepts the defendant's credible evidence and finds the defendant took reasonable supervisory measures, the mere fact that licence conditions were breached is not, without more, a positive reason to refuse costs; a refusal of costs must be based on conduct that is sufficiently blameworthy and consistent with the acquittal standard and established precedent. The magistrate's refusal lacked adequate positive reasons and was inconsistent with her own findings, so the appellate court allowed the appeal and ordered costs.