R v CB [2022] NSWDC 221

R v CB [2022] NSWDC 221

It was not reasonable to institute proceedings in light of the full facts revealed at trial, particularly the complainant's lack of credibility and fabricated evidence, and the applicant's omission to disclose defence material was reasonable in the circumstances.

Jurisdiction
Australia
Judgment Date
22 June 2022
Procedural Posture
Criminal / Application for Costs Certificate Following Discontinuance of Proceedings
Outcome
Costs certificate granted to applicant
Legal Topics
['costs in Criminal Proceedings' 'reasonableness of Institution of Proceedings' 'costs in Criminal Cases Act 1967 (nsw)']
['criminal Law' 'costs'] ['costs in Criminal Proceedings' 'reasonableness of Institution of Proceedings' 'costs in Criminal Cases Act 1967 (nsw)']

Case Brief

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Procedural Posture

Criminal / Application for Costs Certificate Following Discontinuance of Proceedings

Legal Issues

  1. 1 ['Whether a costs certificate should be granted under Costs in Criminal Cases Act 1967 (NSW) after the Director of Public Prosecutions discontinued proceedings' "Whether the applicant's acts or omissions preclude entitlement to costs"]

Ratio Decidendi

It was not reasonable to institute proceedings in light of the full facts revealed at trial, particularly the complainant's lack of credibility and fabricated evidence, and the applicant's omission to disclose defence material was reasonable in the circumstances.

Court Disposition

Costs certificate granted to applicant

Orders

  • ['Certificate granted under Costs in Criminal Proceedings Act 1967 (NSW) to CB in respect of the criminal proceedings alleged to have occurred on or about 10 June 2020.' 'Exhibits to be returned to parties via Gosford Registry upon file return.']