R v Zraika [2019] NSWSC 598

R v Zraika [2019] NSWSC 598

Although Mr Zraika had been acquitted and therefore came within s 2 of the Costs in Criminal Cases Act 1967 (NSW), the Court was not satisfied under s 3 that a hypothetical prosecution possessing all relevant facts would have acted unreasonably in instituting proceedings. The intercepted conversation provided a prima facie case and permitted inferences favourable to the Crown, notwithstanding that the Court ultimately accepted a reasonable hypothesis consistent with innocence. The application for a costs certificate was therefore dismissed.

Jurisdiction
Australia
Judgment Date
24 May 2019
Procedural Posture
Criminal Costs Certificate Application / Post Acquittal Application Under Costs in Criminal Cases Act 1967 (nsw), S 2
Outcome
Application for a costs' certificate is dismissed.
Legal Topics
['costs in Criminal Cases' 'costs Certificate After Acquittal' 'concealing a Serious Indictable Offence' 'reasonableness of Instituting Prosecution']
['criminal Law' 'costs'] ['costs in Criminal Cases' 'costs Certificate After Acquittal' 'concealing a Serious Indictable Offence' 'reasonableness of Instituting Prosecution']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Costs Certificate Application / Post Acquittal Application Under Costs in Criminal Cases Act 1967 (nsw), S 2

Legal Issues

  1. 1 ["Whether, after Mr Zraika's acquittal in a judge alone trial, the Court should grant a certificate under the Costs in Criminal Cases Act 1967 (NSW)." 'Whether, if the prosecution had been in possession of evidence of all relevant facts before proceedings were instituted, it would not have been reasonable to institute the proceedings.' 'Whether any residual discretion existed to refuse a certificate if the criteria in s 3 of the Costs in Criminal Cases Act 1967 (NSW) were satisfied.']

Ratio Decidendi

Although Mr Zraika had been acquitted and therefore came within s 2 of the Costs in Criminal Cases Act 1967 (NSW), the Court was not satisfied under s 3 that a hypothetical prosecution possessing all relevant facts would have acted unreasonably in instituting proceedings. The intercepted conversation provided a prima facie case and permitted inferences favourable to the Crown, notwithstanding that the Court ultimately accepted a reasonable hypothesis consistent with innocence. The application for a costs certificate was therefore dismissed.

Court Disposition

Application for a costs' certificate is dismissed.

Orders

  • ["Application for a costs' certificate is dismissed."]