R v Fiorenza [2024] NSWDC 282

R v Fiorenza [2024] NSWDC 282

The applicant did not satisfy the court that the complainant was very substantially lacking in credit or that, with knowledge of all relevant facts, it would not have been reasonable for the prosecution to institute proceedings. Although there were significant credit issues, the case contained features common in sexual assault trials, including a single witness, lack of complaint and inconsistencies in the complainant's account, and it was not unreasonable for the prosecution to proceed where jury directions could address those issues.

Jurisdiction
Australia
Judgment Date
12 July 2024
Procedural Posture
Criminal Application for a Costs Certificate / After Jury Acquittal on All Counts; Application Determined in Chambers on Written Submissions
Outcome
The application for a costs certificate is refused.
Legal Topics
['costs Certificate' 'costs in Criminal Cases Act 1967 (nsw)' 'reasonableness of Instituting Proceedings' 'sexual Offence Proceedings' 'complainant Credibility' 'word Against Word Case']
['criminal Procedure' 'costs'] ['costs Certificate' 'costs in Criminal Cases Act 1967 (nsw)' 'reasonableness of Instituting Proceedings' 'sexual Offence Proceedings' 'complainant Credibility' 'word Against Word Case']

Case Brief

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Procedural Posture

Criminal Application for a Costs Certificate / After Jury Acquittal on All Counts; Application Determined in Chambers on Written Submissions

Legal Issues

  1. 1 ['Whether, if the prosecution had before proceedings were instituted been in possession of evidence of all relevant facts, it would not have been reasonable to institute the proceedings under s 3(1)(a) of the Costs in Criminal Cases Act 1967 (NSW).' 'Whether asserted inconsistencies, alleged implausibilities and evidence concerning erectile dysfunction demonstrated that the complainant was very substantially lacking in credit.' "Whether features of the case, including a single witness, lack of complaint and inconsistencies in the complainant's account, made it unreasonable for the prosecution to commence proceedings."]

Ratio Decidendi

The applicant did not satisfy the court that the complainant was very substantially lacking in credit or that, with knowledge of all relevant facts, it would not have been reasonable for the prosecution to institute proceedings. Although there were significant credit issues, the case contained features common in sexual assault trials, including a single witness, lack of complaint and inconsistencies in the complainant's account, and it was not unreasonable for the prosecution to proceed where jury directions could address those issues.

Court Disposition

The application for a costs certificate is refused.

Orders

  • ['The application for a costs certificate is refused.' 'The application is dismissed.']