21 Sept 2022
香港特別行政區 訴 劉家樂
- Citation
- [2022] HKCFI 2914
- Court
- Court of First Instance
- Case number
- HCMA5/2022
An acquitted defendant should ordinarily receive costs; a magistrate must have solid justification to refuse costs on grounds of the defendant's conduct. The magistrate's factual inference that the appellant first steered then braked was open to doubt and, in any event, the appellant's immediate evasive action was a reasonable response and did not amount to conduct giving rise to self‑suspicion. Accordingly the refusal of costs was overturned and costs awarded to the appellant.