R v Bradbury [2014] NSWSC 1753
No act or omission of the defence contributed to the institution or continuation of proceedings under s 3(1)(b); had the prosecution possessed all relevant facts, it would not have been reasonable to institute proceedings; thus, certificate under s 2 granted.
- Jurisdiction
- Australia
- Judgment Date
- 15 December 2014
- Procedural Posture
- Criminal / Application for Costs Certificate After Discontinuance of Proceedings
- Outcome
- Certificate granted under s 2 Costs in Criminal Cases Act 1967
- Legal Topics
- ['defence Costs' 'nolle Prosequi' 'costs in Criminal Cases' 'committal Proceedings' 'waiver of Committal' 'reasonableness of Defence Actions']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Application for Costs Certificate After Discontinuance of Proceedings
Legal Issues
- 1 ['Whether a certificate under s 2 Costs in Criminal Cases Act 1967 should be granted following discontinuance by nolle prosequi' 'Whether prosecution would not have reasonably instituted proceedings if in possession of all relevant facts' 'Whether any act or omission by the defendant contributed to the continuation of proceedings or was reasonable']
Ratio Decidendi
No act or omission of the defence contributed to the institution or continuation of proceedings under s 3(1)(b); had the prosecution possessed all relevant facts, it would not have been reasonable to institute proceedings; thus, certificate under s 2 granted.
Court Disposition
Certificate granted under s 2 Costs in Criminal Cases Act 1967
Orders
- ['Grant Mr Bradbury a certificate pursuant to s 2 of the Act relating to the criminal proceedings against him']
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