刑事檢控科各律師/高級律政 - Department of Justice
刑事檢控科各律師/高級律政 - Department of Justice
刑事檢控科各律師/高級律政 - Department of Justice
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40<br />
MA 255/2000<br />
above]<br />
Chu DJ<br />
(30.8.2000)<br />
*J Man<br />
#I/P<br />
Lung-cheung,<br />
Eric<br />
award costs<br />
The Appellant was convicted after trial <strong>of</strong> careless driving. He<br />
was ordered to pay costs <strong>of</strong> $1,000. The magistrate considered it a<br />
special case in which costs would be ordered against the Appellant for<br />
his failure to stop his car and trying to escape from the scene after the<br />
accident. The Appellant was considered to be irresponsible. The<br />
magistrate made an order <strong>of</strong> costs against the Appellant under s<br />
11(1)(a) <strong>of</strong> the Costs in Criminal Costs Ordinance, Cap 492. On<br />
appeal<br />
Held :<br />
The behaviour <strong>of</strong> an <strong>of</strong>fender when he committed the <strong>of</strong>fence<br />
should not be a factor to be considered in an order <strong>of</strong> costs. An order<br />
<strong>of</strong> costs was not designed to punish the <strong>of</strong>fender. The court should<br />
consider the manner in which a defendant conducted his defence when<br />
making an order <strong>of</strong> costs.<br />
Result - Appeal allowed. Order <strong>of</strong> costs set aside.
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