Daniel Hayes v R [2019] NSWDC 196

Daniel Hayes v R [2019] NSWDC 196

Although the alibi and DNA expert material meant that, had the prosecution possessed all relevant facts, it would not have been reasonable to institute the proceedings, the Applicant had access to mobile phone data supporting his alibi and gave no explanation for withholding it until about two weeks before trial. The late provision of that independent alibi material contributed, or might have contributed, to the continuation of the proceedings and was not reasonable in the circumstances, so the statutory requirements for a certificate were not satisfied.

Jurisdiction
Australia
Judgment Date
23 May 2019
Procedural Posture
Application for a Certificate Under the Costs in Criminal Cases Act 1967 Following Discontinuation of Criminal Proceedings / After the DPP Directed That No Further Proceedings Be Taken on a Charge of Robbery in Company
Outcome
Application refused.
Legal Topics
['costs in Criminal Cases' 'certificate for Costs' 'no Bill' 'alibi Evidence' 'dna Evidence' 'continuation of Proceedings']
['criminal Law' 'costs'] ['costs in Criminal Cases' 'certificate for Costs' 'no Bill' 'alibi Evidence' 'dna Evidence' 'continuation of Proceedings']

Case Brief

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Procedural Posture

Application for a Certificate Under the Costs in Criminal Cases Act 1967 Following Discontinuation of Criminal Proceedings / After the DPP Directed That No Further Proceedings Be Taken on a Charge of Robbery in Company

Legal Issues

  1. 1 ['Whether, if the prosecution had been in possession of evidence of all the relevant facts, it would not have been reasonable to institute the proceedings.' 'Whether all the relevant facts included the expert DNA report served with the alibi notice as well as the material set out in the alibi notice.' 'Whether any act or omission of the Applicant contributed, or might have contributed, to the continuation of the proceedings.' 'Whether the late provision of mobile phone location data supporting the alibi was reasonable in the circumstances.']

Ratio Decidendi

Although the alibi and DNA expert material meant that, had the prosecution possessed all relevant facts, it would not have been reasonable to institute the proceedings, the Applicant had access to mobile phone data supporting his alibi and gave no explanation for withholding it until about two weeks before trial. The late provision of that independent alibi material contributed, or might have contributed, to the continuation of the proceedings and was not reasonable in the circumstances, so the statutory requirements for a certificate were not satisfied.

Court Disposition

Application refused.

Orders

  • ['I refuse the application for a certificate under the Costs in Criminal Cases Act.']