R v McMahon (No 2) [2006] NSWDC 206

R v McMahon (No 2) [2006] NSWDC 206

The application for costs failed because the Court was not satisfied that the prosecutor unreasonably failed to investigate, and a mistake by the DPP representative in the Local Court was not an exceptional circumstance relating to the conduct of the matter for the purposes of s70(1)(d).

Jurisdiction
Australia
Judgment Date
10 November 2006
Procedural Posture
Criminal Costs Application / District Court Appeal Proceedings
Outcome
Application for costs dismissed; no order as to costs.
Legal Topics
['costs Against a Public Prosecutor' 'exceptional Circumstances' 'unreasonable Failure to Investigate']
['criminal Law' 'costs'] ['costs Against a Public Prosecutor' 'exceptional Circumstances' 'unreasonable Failure to Investigate']

Case Brief

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Procedural Posture

Criminal Costs Application / District Court Appeal Proceedings

Legal Issues

  1. 1 ["Whether costs should be awarded to Brendan McMahon for proceedings in the Local Court and the District Court from the time Dr Allnutt's reports were served on the prosecution." 'Whether the prosecutor unreasonably failed to investigate within s70(1)(c) of the Crimes Local Courts Appeal and Review Act.' 'Whether a mistake by the DPP representative in the Local Court constituted exceptional circumstances making it just and reasonable to award costs under s70(1)(d) of the Crimes Local Courts Appeal and Review Act.']

Ratio Decidendi

The application for costs failed because the Court was not satisfied that the prosecutor unreasonably failed to investigate, and a mistake by the DPP representative in the Local Court was not an exceptional circumstance relating to the conduct of the matter for the purposes of s70(1)(d).

Court Disposition

Application for costs dismissed; no order as to costs.

Orders

  • ['Make no order as to costs']