R v Loeung (No 2) [2019] NSWSC 1691

R v Loeung (No 2) [2019] NSWSC 1691

The application was refused as the court was not satisfied that, if the prosecution had been in possession of all evidence prior to proceedings (including issues of witness credibility known at trial), it would have been unreasonable to prosecute on any count. Self-defence was a central issue for the jury, and credibility issues did not reach the threshold needed to warrant a costs order under s 2 of the Act.

Jurisdiction
Australia
Judgment Date
29 November 2019
Procedural Posture
Application for Costs in Criminal Proceedings / Post Conviction; Application for Certificate Under Costs in Criminal Cases Act 1967 (nsw)
Outcome
Application for costs order refused
Legal Topics
['costs in Criminal Cases' 'self Defence' 'reasonableness of Prosecution' 'witness Credibility']
['criminal Law'] ['costs in Criminal Cases' 'self Defence' 'reasonableness of Prosecution' 'witness Credibility']

Case Brief

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Procedural Posture

Application for Costs in Criminal Proceedings / Post Conviction; Application for Certificate Under Costs in Criminal Cases Act 1967 (nsw)

Legal Issues

  1. 1 ['Whether it would have been reasonable to institute the proceedings had the prosecution possessed all evidence known at trial' 'Whether the applicant is entitled to a costs order under Costs in Criminal Cases Act 1967 (NSW) s 2']

Ratio Decidendi

The application was refused as the court was not satisfied that, if the prosecution had been in possession of all evidence prior to proceedings (including issues of witness credibility known at trial), it would have been unreasonable to prosecute on any count. Self-defence was a central issue for the jury, and credibility issues did not reach the threshold needed to warrant a costs order under s 2 of the Act.

Court Disposition

Application for costs order refused

Orders

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