R v Tooes [2008] NSWSC 291
The applicant failed to discharge the onus of establishing that, had the prosecution been aware of all relevant facts—including credibility issues with key witnesses—it would not have been reasonable to institute proceedings. The prosecution was entitled to let the jury determine the credibility of Wade Willmot's evidence.
- Jurisdiction
- Australia
- Judgment Date
- 04 April 2008
- Procedural Posture
- Criminal / Application for Costs Following Acquittal
- Outcome
- Application for certificate declined
- Legal Topics
- ['costs in Criminal Cases' 'reasonableness of Prosecution' 'certificate Under Costs in Criminal Cases Act']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Application for Costs Following Acquittal
Legal Issues
- 1 ['Whether it was not reasonable to institute proceedings against the applicant, having regard to all relevant facts as required by s 3(1)(a) of the Costs in Criminal Cases Act 1967']
Ratio Decidendi
The applicant failed to discharge the onus of establishing that, had the prosecution been aware of all relevant facts—including credibility issues with key witnesses—it would not have been reasonable to institute proceedings. The prosecution was entitled to let the jury determine the credibility of Wade Willmot's evidence.
Court Disposition
Application for certificate declined
Orders
- ['The grant of a certificate pursuant to s 2 of the Costs in Criminal Cases Act is declined.']
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