R v Damien Wheeler (No. 2) [2017] NSWDC 135

On all the evidence, if the prosecution had known all relevant facts before proceedings were instituted, it would not have been reasonable to commence prosecution, and any act or omission by the defendant contributing to proceedings was reasonable; thus, a certificate under the Act was warranted.

Jurisdiction: Australia
Judgment Date: 05 June 2017
Procedural Posture: Criminal / Application for Costs Certificate Following Acquittal by Directed Verdict
Outcome: Application under Costs in Criminal Cases Act 1967 granted; certificate for costs issued.
Legal Topics: ['costs in Criminal Cases' 'directed Verdict' 'institution of Proceedings' 'reasonableness of Prosecution']

['criminal Law'] ['costs in Criminal Cases' 'directed Verdict' 'institution of Proceedings' 'reasonableness of Prosecution']

Case Brief

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Procedural Posture

Criminal / Application for Costs Certificate Following Acquittal by Directed Verdict

Legal Issues

1 ['Whether costs should be awarded under Costs in Criminal Cases Act 1967 following a directed acquittal' 'Whether it was unreasonable for the prosecution to have instituted proceedings in light of all relevant facts' 'Whether any act or omission by the defendant contributed unreasonably to the prosecution']

Ratio Decidendi

Court Disposition

Application under Costs in Criminal Cases Act 1967 granted; certificate for costs issued.

Orders

['Certificate for costs granted under s 2(1)(a) and s 3 of the Costs in Criminal Cases Act 1967 in favour of Damien Wheeler.']