R v McIver (No. 2) [2022] NSWDC 754

R v McIver (No. 2) [2022] NSWDC 754

A certificate pursuant to the Costs in Criminal Cases Act 1967 (NSW) is granted only in respect of the trial before the present judge, as the evidence showed it was not reasonable to institute proceedings solely on the basis of the complainants' uncorroborated evidence, but no jurisdiction or sufficient basis exists to grant a certificate for prior proceedings before other judges or courts.

Jurisdiction
Australia
Judgment Date
14 April 2022
Procedural Posture
Criminal / Application for Certificate of Costs Following Acquittal at Judge Alone Trial
Outcome
Partially granted; certificate granted for present trial only
Legal Topics
['costs in Criminal Cases Act 1967 (nsw)' 'acquittal' 'criminal Procedure' 'apportionment of Costs']
['criminal Law' 'costs'] ['costs in Criminal Cases Act 1967 (nsw)' 'acquittal' 'criminal Procedure' 'apportionment of Costs']

Case Brief

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Procedural Posture

Criminal / Application for Certificate of Costs Following Acquittal at Judge Alone Trial

Legal Issues

  1. 1 ['Whether a certificate should be granted under the Costs in Criminal Cases Act 1967 (NSW) following acquittal' 'Whether the certificate may extend to previous proceedings in other courts or before other judges' 'Whether apportionment of costs is appropriate under the Act']

Ratio Decidendi

A certificate pursuant to the Costs in Criminal Cases Act 1967 (NSW) is granted only in respect of the trial before the present judge, as the evidence showed it was not reasonable to institute proceedings solely on the basis of the complainants' uncorroborated evidence, but no jurisdiction or sufficient basis exists to grant a certificate for prior proceedings before other judges or courts.

Court Disposition

Partially granted; certificate granted for present trial only

Orders

  • ['The application for a certificate pursuant to s 2 Costs in Criminal Cases Act 1967 extending to proceedings before Whitford SC DCJ, Judge N Williams, the Court of Criminal Appeal, and before Hanley SC DCJ for determination of bail is refused.' 'A certificate is granted pursuant to s 2 Costs in Criminal Cases Act...