R v Pike, Leonard and Campbell, Dean [2010] NSWDC 224

R v Pike, Leonard and Campbell, Dean [2010] NSWDC 224

The criteria for a costs certificate were satisfied because the evidence led at trial did not establish Pike's entry onto the land or premises, did not establish his participation in a common purpose with alleged co-offenders for counts 1 and 2, and did not provide admissible evidence against him for count 3 beyond material in Campbell's interview that Pike had not adopted. Had the prosecutor known these relevant facts before instituting proceedings, it would not have been reasonable to institute or press the charges, and no act or omission by Pike impeded the grant of a certificate.

Jurisdiction
Australia
Judgment Date
06 September 2010
Procedural Posture
Criminal Proceedings on Indictment / Application for Costs Certificate After Verdicts of Not Guilty Directed for Leonard Paul Pike
Outcome
Leonard Paul Pike and Dean Luke Campbell were found not guilty on the charges identified in the decision; Leonard Paul Pike was granted a costs certificate under the Costs In Criminal Cases Act 1967.
Legal Topics
['application for Costs Certificate' 'directed Verdicts of Not Guilty' 'specially Aggravated Break and Enter' 'wounding' 'stealing Property in a Dwelling House' 'common Purpose' 'co Accused Interview Evidence']
['criminal Law' 'costs in Criminal Cases'] ['application for Costs Certificate' 'directed Verdicts of Not Guilty' 'specially Aggravated Break and Enter' 'wounding' 'stealing Property in a Dwelling House' 'common Purpose' 'co Accused Interview Evidence']

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Procedural Posture

Criminal Proceedings on Indictment / Application for Costs Certificate After Verdicts of Not Guilty Directed for Leonard Paul Pike

Legal Issues

  1. 1 ['Whether Leonard Paul Pike should be granted a certificate under s 2 and s 3 of the Costs In Criminal Cases Act 1967 after being acquitted by directed verdicts.' 'Whether, if the prosecution had possessed evidence of all relevant facts before proceedings were instituted, it would have been reasonable to institute the proceedings against Leonard Paul Pike.' 'Whether any act or omission of Leonard Paul Pike contributed, or might have contributed, to the institution or continuation of the proceedings and was unreasonable in the circumstances.']

Ratio Decidendi

The criteria for a costs certificate were satisfied because the evidence led at trial did not establish Pike's entry onto the land or premises, did not establish his participation in a common purpose with alleged co-offenders for counts 1 and 2, and did not provide admissible evidence against him for count 3 beyond material in Campbell's interview that Pike had not adopted. Had the prosecutor known these relevant facts before instituting proceedings, it would not have been reasonable to institute or press the charges, and no act or omission by Pike impeded the grant of a certificate.

Court Disposition

Leonard Paul Pike and Dean Luke Campbell were found not guilty on the charges identified in the decision; Leonard Paul Pike was granted a costs certificate under the Costs In Criminal Cases Act 1967.

Orders

  • ["Leonard Paul Pike: on Count 1, specially aggravated break and enter and commit serious indictable offence - wound (Richard Celese), the jury reached a verdict of not guilty in accordance with the judge's direction." "Leonard Paul Pike: on Count 2, specially aggravated break and enter and commit serious indictable...