R v Berryman [2006] NSWDC 181

R v Berryman [2006] NSWDC 181

Given the unreliability of prosecution witnesses, inconsistencies in their accounts, improbable chronology, and evidence of cross-contamination and influence, it would not have been reasonable for the prosecution to institute proceedings had all facts been known. The accused’s actions, including absence overseas and exercise of silence, did not unreasonably contribute to the institution or continuation of the proceedings. Therefore, a certificate for costs is granted at the Court's discretion.

Jurisdiction
Australia
Judgment Date
08 September 2006
Procedural Posture
Criminal Application for Costs Certificate After Trial / Post Acquittal, Costs Application
Outcome
Certificate for costs granted to the accused under the Costs in Criminal Cases Act 1967.
Legal Topics
['costs in Criminal Cases' 'acquittal' 'reasonableness of Prosecution']
['criminal Law'] ['costs in Criminal Cases' 'acquittal' 'reasonableness of Prosecution']

Case Brief

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Procedural Posture

Criminal Application for Costs Certificate After Trial / Post Acquittal, Costs Application

Legal Issues

  1. 1 ['Whether the accused is entitled to a certificate under the Costs in Criminal Cases Act 1967 after acquittal' 'Whether it was reasonable to institute the criminal proceedings if all relevant facts were known before institution' 'Whether any act or omission of the accused contributed to the institution or continuation of the proceedings and if so, whether it was reasonable']

Ratio Decidendi

Given the unreliability of prosecution witnesses, inconsistencies in their accounts, improbable chronology, and evidence of cross-contamination and influence, it would not have been reasonable for the prosecution to institute proceedings had all facts been known. The accused’s actions, including absence overseas and exercise of silence, did not unreasonably contribute to the institution or continuation of the proceedings. Therefore, a certificate for costs is granted at the Court's discretion.

Court Disposition

Certificate for costs granted to the accused under the Costs in Criminal Cases Act 1967.

Orders

  • ['Certificate to be issued under the Costs in Criminal Cases Act 1967; no percentage limitation applied.']