JP v Commonwealth Director of Public Prosecutions [2014] NSWChC 2

JP v Commonwealth Director of Public Prosecutions [2014] NSWChC 2

The proceedings were not invalid when the charges were withdrawn because, in the context of s 474.24C of the Criminal Code Act 1995, the proceedings for the offences were to commence on the first date of the hearing, 18 March 2014, and the charges were withdrawn on 17 March 2014 before that commencement. Although the withdrawal of the charges established a basis under s 213 of the Criminal Procedure Act 1986, the applicant did not satisfy any of the limiting requirements in s 214(1): there was no evidence of unreasonable or improper investigation, initiation without reasonable cause or bad faith, improper prosecution, unreasonable failure to investigate, or exceptional circumstances...

Jurisdiction
Australia
Judgment Date
05 May 2014
Procedural Posture
Criminal Application for Professional Costs in Summary Proceedings / Application for Costs After the DPP Withdrew Charges and the Charges Were Dismissed
Outcome
Application for costs dismissed.
Legal Topics
['professional Costs in Summary Proceedings' "attorney General's Consent for Proceedings Against a Defendant Under 18" 'commencement of Proceedings' 'use of a Carriage Service Offences']
['criminal Law' 'costs' 'children and Young Persons'] ['professional Costs in Summary Proceedings' "attorney General's Consent for Proceedings Against a Defendant Under 18" 'commencement of Proceedings' 'use of a Carriage Service Offences']

Case Brief

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Procedural Posture

Criminal Application for Professional Costs in Summary Proceedings / Application for Costs After the DPP Withdrew Charges and the Charges Were Dismissed

Legal Issues

  1. 1 ["Whether the proceedings were invalid because the DPP did not obtain the Attorney General's consent before Court Attendance Notices were issued or filed against a Young Person who was under 18 at the time of the alleged conduct." "Whether withdrawal of the charges triggered the Court's power to award professional costs under s 213 of the Criminal Procedure Act 1986." 'Whether any limitation in s 214(1) of the Criminal Procedure Act 1986 was satisfied so as to permit an award of professional costs against a public prosecutor.']

Ratio Decidendi

The proceedings were not invalid when the charges were withdrawn because, in the context of s 474.24C of the Criminal Code Act 1995, the proceedings for the offences were to commence on the first date of the hearing, 18 March 2014, and the charges were withdrawn on 17 March 2014 before that commencement. Although the withdrawal of the charges established a basis under s 213 of the Criminal Procedure Act 1986, the applicant did not satisfy any of the limiting requirements in s 214(1): there was no evidence of unreasonable or improper investigation, initiation without reasonable cause or bad faith, improper prosecution, unreasonable failure to investigate, or exceptional circumstances...

Court Disposition

Application for costs dismissed.

Orders

  • ['The application is therefore dismissed.']