R v Caroll Henderson, R v Peter Henderson Application for Costs [2013] NSWDC 2

R v Caroll Henderson, R v Peter Henderson Application for Costs [2013] NSWDC 2

The institution of proceedings against the applicants was not unreasonable in the circumstances, considering all the relevant facts available to the prosecution before institution; the prosecution of the principal conspiracy counts and associated counts was reasonable, even if some counts were weak or should not...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 January 2013
Procedural Posture
Application for Costs in Criminal Case / Post Acquittal Cost Application
Outcome
Applications for costs certificates refused
Legal Topics
['costs in Criminal Cases' 'acquittal' 'reasonableness of Prosecution' 'certificate for Costs' 'costs in Criminal Cases Act 1967']
['criminal Law'] ['costs in Criminal Cases' 'acquittal' 'reasonableness of Prosecution' 'certificate for Costs' 'costs in Criminal Cases Act 1967']

Source-derived case record

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Procedural Posture

Application for Costs in Criminal Case / Post Acquittal Cost Application

Legal Issues

  1. 1 ['Whether applicants should be granted certificates for costs under the Costs in Criminal Cases Act 1967 following acquittal or discontinuance of proceedings' 'Whether it was unreasonable for the prosecution to have instituted or continued the proceedings given all the relevant facts']

Ratio Decidendi

The institution of proceedings against the applicants was not unreasonable in the circumstances, considering all the relevant facts available to the prosecution before institution; the prosecution of the principal conspiracy counts and associated counts was reasonable, even if some counts were weak or should not have been brought. Applicants not entitled to certificates for costs under the Costs in Criminal Cases Act 1967.

Court Disposition

Applications for costs certificates refused

Orders

  • ['Application for certificate under Costs in Criminal Cases Act 1967 refused for Caroll Anne Henderson' 'Application for certificate under Costs in Criminal Cases Act 1967 refused for Peter James Henderson']