R v Roberts [2013] NSWDC 80

R v Roberts [2013] NSWDC 80

For the purpose of the Costs in Criminal Cases Act 1967 (NSW), a trial does not commence with the initial arraignment and the consequential order fixing a trial date; therefore, the court did not have jurisdiction to entertain the costs application in the circumstances of this case.

Jurisdiction
Australia
Judgment Date
03 June 2013
Procedural Posture
Criminal / Application for Costs; Preliminary Jurisdictional Question
Outcome
Application for costs dismissed for want of jurisdiction.
Legal Topics
['application for Costs' 'jurisdiction of Court' 'statutory Interpretation' 'judicial Comity']
['criminal Law' 'procedure'] ['application for Costs' 'jurisdiction of Court' 'statutory Interpretation' 'judicial Comity']

Case Brief

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Procedural Posture

Criminal / Application for Costs; Preliminary Jurisdictional Question

Legal Issues

  1. 1 ['Whether the court has jurisdiction to entertain an application for costs under section 2 of the Costs in Criminal Cases Act 1967 (NSW) in the present circumstances' 'When does a trial commence for the purposes of the Costs Act']

Ratio Decidendi

For the purpose of the Costs in Criminal Cases Act 1967 (NSW), a trial does not commence with the initial arraignment and the consequential order fixing a trial date; therefore, the court did not have jurisdiction to entertain the costs application in the circumstances of this case.

Court Disposition

Application for costs dismissed for want of jurisdiction.

Orders

  • ['Dismiss the application for costs on the basis that the court does not have the jurisdiction to entertain it.' 'Direct that these reasons be transcribed and a copy placed on Caselaw.']