R v Daniel Greentree [2019] NSWSC 216

R v Daniel Greentree [2019] NSWSC 216

The prerequisites for issuing a costs certificate under s 3 of the Costs in Criminal Cases Act 1967 (NSW) were satisfied because, had all relevant evidence been available prior to proceedings, it would not have been reasonable to commence prosecution against Mr Greentree. The evidence of the main witness was unreliable and no other evidence supported knowledge of the offence by Mr Greentree.

Parties
Prosecution: Regina; Applicant: Daniel Greentree
Jurisdiction
Australia
Judgment Date
08 February 2019
Procedural Posture
Criminal / Application for Costs Certificate Following Discontinuance of Prosecution During Trial
Outcome
Certificate granted under Costs in Criminal Cases Act 1967 (NSW)
Legal Topics
Costs in Criminal Cases, Certificate Under Costs in Criminal Cases Act, Accessory After the Fact, Concealing Serious Offence, Reasonableness of Instituting Proceedings
Criminal Law Costs in Criminal Cases Certificate Under Costs in Criminal Cases Act Accessory After the Fact Concealing Serious Offence Reasonableness of Instituting Proceedings

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 5 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

Regina

Prosecution

Daniel Greentree

Applicant

Procedural Posture

Criminal / Application for Costs Certificate Following Discontinuance of Prosecution During Trial

Legal Issues

  1. 1 Whether it was reasonable to institute proceedings against the applicant for accessory after the fact to murder and concealing a serious offence given the evidence available
  2. 2 Whether the prerequisites for the grant of a costs certificate under s 3 of the Costs in Criminal Cases Act 1967 (NSW) were met

Ratio Decidendi

The prerequisites for issuing a costs certificate under s 3 of the Costs in Criminal Cases Act 1967 (NSW) were satisfied because, had all relevant evidence been available prior to proceedings, it would not have been reasonable to commence prosecution against Mr Greentree. The evidence of the main witness was unreliable and no other evidence supported knowledge of the offence by Mr Greentree.

Court Disposition

Certificate granted under Costs in Criminal Cases Act 1967 (NSW)

Orders

  • A certificate will be issued in the terms of the Costs in Criminal Cases Act 1967 (NSW).