R v Hawat (No 6) [2020] NSWSC 532

R v Hawat (No 6) [2020] NSWSC 532

Although the Crown case was circumstantial and not strong, the relevant facts included evidence of the movements of the white Toyota Hiace van near the deceased's residence, its movements on the morning of the murder, changes to the van after the offence, intercepted conversations, and allegedly false explanations or answers by Mr Hawat. Those facts could support inferences of surveillance, co-ordination with the stolen Audi SQ5, and knowledge or participation. The absence of direct evidence of communication with the shooters or knowledge of the plan to kill did not make the institution of proceedings unreasonable. Mr Hawat did not establish on the balance of probabilities that, had the...

Jurisdiction
Australia
Judgment Date
12 May 2020
Procedural Posture
Application for a Certificate or Costs Order Under the Costs in Criminal Cases Act 1967 (nsw) After Acquittal of Murder / On the Papers
Outcome
The application for a costs order under s 2 of the Costs in Criminal Cases Act 1967 (NSW) was refused.
Legal Topics
['costs in Criminal Cases' 'certificate Under S 2 of Costs in Criminal Cases Act 1967 (nsw)' 'murder' 'joint Criminal Enterprise' 'accessory Before the Fact' 'circumstantial Evidence']
['criminal Law' 'costs'] ['costs in Criminal Cases' 'certificate Under S 2 of Costs in Criminal Cases Act 1967 (nsw)' 'murder' 'joint Criminal Enterprise' 'accessory Before the Fact' 'circumstantial Evidence']

Case Brief

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Procedural Posture

Application for a Certificate or Costs Order Under the Costs in Criminal Cases Act 1967 (nsw) After Acquittal of Murder / On the Papers

Legal Issues

  1. 1 ['Whether, if the prosecution had before proceedings were instituted been in possession of evidence of all the relevant facts, it would not have been reasonable to institute proceedings against Mr Hawat.' 'Whether any act or omission of Mr Hawat contributed, or might have contributed, to the institution or continuation of the proceedings and whether it was reasonable in the circumstances.']

Ratio Decidendi

Although the Crown case was circumstantial and not strong, the relevant facts included evidence of the movements of the white Toyota Hiace van near the deceased's residence, its movements on the morning of the murder, changes to the van after the offence, intercepted conversations, and allegedly false explanations or answers by Mr Hawat. Those facts could support inferences of surveillance, co-ordination with the stolen Audi SQ5, and knowledge or participation. The absence of direct evidence of communication with the shooters or knowledge of the plan to kill did not make the institution of proceedings unreasonable. Mr Hawat did not establish on the balance of probabilities that, had the...

Court Disposition

The application for a costs order under s 2 of the Costs in Criminal Cases Act 1967 (NSW) was refused.

Orders

  • ['The application for a costs order under s 2 of the Costs in Criminal Cases Act 1967 (NSW) is refused.']