R v Schilder (No 3) [2013] NSWDC 141

R v Schilder (No 3) [2013] NSWDC 141

There was no evidence of the accused's speed immediately prior to the epileptic seizure; therefore, the aggravated dangerous driving charges could not be established. It would not have been reasonable to proceed with prosecution on those charges if all evidence had been available. The applicant is entitled to a costs certificate.

Jurisdiction
Australia
Judgment Date
12 April 2013
Procedural Posture
Application for Costs Certificate Under S 2 of the Costs in Criminal Cases Act 1967 Following Criminal Acquittal / Post Trial, Costs Application
Outcome
Certificate for costs granted to the defence under s 2 of the Costs in Criminal Cases Act 1967
Legal Topics
['aggravated Dangerous Driving Causing Death' 'aggravated Dangerous Driving Occasioning Grievous Bodily Harm' 'standards for Awards of Costs Certificates in Criminal Cases' 'causation and Epileptic Seizure in Criminal Responsibility']
['criminal Law' 'costs'] ['aggravated Dangerous Driving Causing Death' 'aggravated Dangerous Driving Occasioning Grievous Bodily Harm' 'standards for Awards of Costs Certificates in Criminal Cases' 'causation and Epileptic Seizure in Criminal Responsibility']

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Procedural Posture

Application for Costs Certificate Under S 2 of the Costs in Criminal Cases Act 1967 Following Criminal Acquittal / Post Trial, Costs Application

Legal Issues

  1. 1 ["Whether the accused's speed prior to an epileptic seizure could be established beyond reasonable doubt for aggravated dangerous driving charges" 'Whether the prosecution should have continued on aggravated charges without such evidence' 'Entitlement to a costs certificate under Costs in Criminal Cases Act 1967']

Ratio Decidendi

There was no evidence of the accused's speed immediately prior to the epileptic seizure; therefore, the aggravated dangerous driving charges could not be established. It would not have been reasonable to proceed with prosecution on those charges if all evidence had been available. The applicant is entitled to a costs certificate.

Court Disposition

Certificate for costs granted to the defence under s 2 of the Costs in Criminal Cases Act 1967

Orders

  • ['Certificate for costs granted to the defence as requested']