R v Forbes (No 2) [2020] NSWDC 439

R v Forbes (No 2) [2020] NSWDC 439

Given the mobile phone footage, which was not made available to the prosecution before proceedings, demonstrated an essential element of the offence could not be proved, it would not have been reasonable to institute proceedings had all facts been known. The applicant's withholding of this evidence was reasonable for tactical reasons.

Jurisdiction
Australia
Judgment Date
05 August 2020
Procedural Posture
Criminal / Application for Costs Certificate Following Acquittal
Outcome
Application for a certificate under section 2 of the Costs in Criminal Cases Act 1967 (NSW) granted.
Legal Topics
['costs in Criminal Cases' 'acquittal' 'reasonableness of Institution of Proceedings' 'withholding Evidence' 'forensic Tactics']
['criminal Law'] ['costs in Criminal Cases' 'acquittal' 'reasonableness of Institution of Proceedings' 'withholding Evidence' 'forensic Tactics']

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Procedural Posture

Criminal / Application for Costs Certificate Following Acquittal

Legal Issues

  1. 1 ['Whether a certificate for costs should be granted under Costs in Criminal Cases Act 1967 (NSW) following acquittal' 'Whether it would have been reasonable to institute the proceedings if all relevant facts had been known to the prosecution' 'Whether any act or omission by the defendant that contributed to proceedings was reasonable']

Ratio Decidendi

Given the mobile phone footage, which was not made available to the prosecution before proceedings, demonstrated an essential element of the offence could not be proved, it would not have been reasonable to institute proceedings had all facts been known. The applicant's withholding of this evidence was reasonable for tactical reasons.

Court Disposition

Application for a certificate under section 2 of the Costs in Criminal Cases Act 1967 (NSW) granted.

Orders

  • ['Application for a certificate pursuant to section 2, Costs in Criminal Cases Act granted.']