R v AN; R v LM [2023] NSWSC 1027

R v AN; R v LM [2023] NSWSC 1027

It would not have been reasonable for the prosecution to institute proceedings for murder against AN and LM, given that the Crown was in possession of materially flawed autopsy evidence and conflicting expert opinions prior to trial; thus, both AN and LM are entitled to a costs certificate under the Costs in Criminal Cases Act 1967 (NSW), including LM as a legally aided defendant, in line with the statutory construction clarified in Rodden v R [2023] NSWCCA 202.

Jurisdiction
Australia
Judgment Date
29 August 2023
Procedural Posture
Criminal / Post Acquittal Costs Application
Outcome
application granted
Legal Topics
['costs in Criminal Cases' 'prosecutorial Reasonableness' 'legal Aid and Costs Certificates']
['criminal Law'] ['costs in Criminal Cases' 'prosecutorial Reasonableness' 'legal Aid and Costs Certificates']

Case Brief

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Procedural Posture

Criminal / Post Acquittal Costs Application

Legal Issues

  1. 1 ['Whether the prosecution of the applicants for murder was reasonable within the meaning of the Costs in Criminal Cases Act 1967 (NSW)' 'Whether a costs certificate should be granted to applicants acquitted of murder charges, including a legally aided applicant']

Ratio Decidendi

It would not have been reasonable for the prosecution to institute proceedings for murder against AN and LM, given that the Crown was in possession of materially flawed autopsy evidence and conflicting expert opinions prior to trial; thus, both AN and LM are entitled to a costs certificate under the Costs in Criminal Cases Act 1967 (NSW), including LM as a legally aided defendant, in line with the statutory construction clarified in Rodden v R [2023] NSWCCA 202.

Court Disposition

application granted

Orders

  • ['AN and LM to bring in Short Minutes of Order, reflecting this decision as to costs, by 4pm Wednesday 30 August 2023.' 'Costs certificate to be issued under s 2 of the Costs in Criminal Cases Act 1967 (NSW) in favour of AN and LM.']