R v Williams [2022] NSWSC 1097

R v Williams [2022] NSWSC 1097

The applicant did not establish that the proceedings were not reasonably instituted. On causation, it remained open to the jury to find beyond reasonable doubt that the baseball bat strike caused the deceased's death, having regard to the medical evidence and the evidence of a single major head injury. On self-defence, the issues turned substantially on credibility, demeanour and the reasonableness of the applicant's response, which were matters for the jury. The application for a certificate under the Costs in Criminal Cases Act 1967 was therefore refused.

Jurisdiction
Australia
Judgment Date
18 August 2022
Procedural Posture
Application for a Certificate Under S 3 of the Costs in Criminal Cases Act 1967 / After Jury Acquittal; Determined on the Papers
Outcome
The application is refused.
Legal Topics
['costs in Criminal Cases' 'certificate After Acquittal' 'reasonableness of Instituting Proceedings' 'causation' 'self Defence']
['criminal Law' 'criminal Procedure' 'costs'] ['costs in Criminal Cases' 'certificate After Acquittal' 'reasonableness of Instituting Proceedings' 'causation' 'self Defence']

Case Brief

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Procedural Posture

Application for a Certificate Under S 3 of the Costs in Criminal Cases Act 1967 / After Jury Acquittal; Determined on the Papers

Legal Issues

  1. 1 ['Whether the applicant, acquitted of murder and manslaughter after a jury trial, should be granted a certificate under s 3 of the Costs in Criminal Cases Act 1967.' 'Whether, if the prosecution had evidence of all relevant facts before proceedings were instituted, it would not have been reasonable to institute the proceedings.' 'Whether doubts about causation and self-defence made the proceedings unreasonable to institute.' 'Whether the Court should exercise any residual discretion to grant or refuse a certificate.']

Ratio Decidendi

The applicant did not establish that the proceedings were not reasonably instituted. On causation, it remained open to the jury to find beyond reasonable doubt that the baseball bat strike caused the deceased's death, having regard to the medical evidence and the evidence of a single major head injury. On self-defence, the issues turned substantially on credibility, demeanour and the reasonableness of the applicant's response, which were matters for the jury. The application for a certificate under the Costs in Criminal Cases Act 1967 was therefore refused.

Court Disposition

The application is refused.

Orders

  • ['The application is refused.']