R v Greenfield (Costs) [2024] NSWSC 1126

R v Greenfield (Costs) [2024] NSWSC 1126

The applicant failed to establish that, had the prosecution possessed all relevant facts before instituting proceedings, it would not have been reasonable to prosecute. Issues of credibility and reliability were for the jury. The weaknesses exposed at trial did not suffice to render the prosecution unreasonable in light of the evidence then available.

Jurisdiction
Australia
Judgment Date
05 September 2024
Procedural Posture
Application for Certificate of Costs Under Costs in Criminal Cases Act 1967 (nsw) / Post Acquittal Application Following Jury Verdict
Outcome
Application for certificate of costs dismissed.
Legal Topics
['certificate for Costs in Criminal Cases' 'reasonableness of Instituting Proceedings' 'interpretation of Costs in Criminal Cases Act 1967 (nsw)']
['criminal Law' 'costs'] ['certificate for Costs in Criminal Cases' 'reasonableness of Instituting Proceedings' 'interpretation of Costs in Criminal Cases Act 1967 (nsw)']

Case Brief

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Procedural Posture

Application for Certificate of Costs Under Costs in Criminal Cases Act 1967 (nsw) / Post Acquittal Application Following Jury Verdict

Legal Issues

  1. 1 ['Whether, if the prosecution had all relevant facts before instituting proceedings, it would not have been reasonable to institute proceedings against the applicant.' 'Whether new evidence emerging at trial is necessary for grant of a costs certificate.']

Ratio Decidendi

The applicant failed to establish that, had the prosecution possessed all relevant facts before instituting proceedings, it would not have been reasonable to prosecute. Issues of credibility and reliability were for the jury. The weaknesses exposed at trial did not suffice to render the prosecution unreasonable in light of the evidence then available.

Court Disposition

Application for certificate of costs dismissed.

Orders

  • ['The application for a certificate pursuant to s 2 of the Costs in Criminal Cases Act 1967 (NSW) is dismissed.']