R v Godfrey (No 6) [2024] NSWSC 181

R v Godfrey (No 6) [2024] NSWSC 181

On objective evaluation of all evidence, there was a reasonable basis for the Crown to institute the proceedings for murder, as evidence existed that the applicant's belief in the necessity for self-defence may not continue during the second chokehold; thus, the applicant did not establish that it would not have been reasonable to institute the proceedings.

Jurisdiction
Australia
Judgment Date
29 February 2024
Procedural Posture
Criminal Application / Post Sentencing Application for Costs
Outcome
Application dismissed
Legal Topics
['costs in Criminal Cases' 'self Defence' 'manslaughter' 'murder']
['criminal Law'] ['costs in Criminal Cases' 'self Defence' 'manslaughter' 'murder']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Application / Post Sentencing Application for Costs

Legal Issues

  1. 1 ['Whether it was reasonable for the Crown to institute proceedings for murder despite subsequent plea to manslaughter based on excessive self-defence' 'Entitlement to costs certificate under Costs in Criminal Cases Act 1967 (NSW)']

Ratio Decidendi

On objective evaluation of all evidence, there was a reasonable basis for the Crown to institute the proceedings for murder, as evidence existed that the applicant's belief in the necessity for self-defence may not continue during the second chokehold; thus, the applicant did not establish that it would not have been reasonable to institute the proceedings.

Court Disposition

Application dismissed

Orders

  • ['The application for a certificate pursuant to s 2 of the Costs in Criminal Cases Act 1967 (NSW) is dismissed.']