Ian Campbell & 4 Ors v Director of Public Prosecutions (NSW) [2009] NSWSC 973

Ian Campbell & 4 Ors v Director of Public Prosecutions (NSW) [2009] NSWSC 973

The police investigation was conducted in an improper manner due to deliberate non-compliance with cl 33 of the Law Enforcement (Powers and Responsibilities) Regulation concerning notification for Aboriginal persons, thus enlivening the court's discretion to award costs to the successful appellants.

Jurisdiction
Australia
Judgment Date
22 September 2009
Procedural Posture
Appeal (criminal) / Judgment on Costs
Outcome
Costs awarded to first, second, fourth and fifth plaintiffs; defendant to pay their costs of the appeal and in the court below on a party-party basis as agreed or assessed.
Legal Topics
['costs' 'appeals' 'police Procedure' 'summary Convictions' 'aboriginal Persons' 'lepra Compliance']
['criminal Law'] ['costs' 'appeals' 'police Procedure' 'summary Convictions' 'aboriginal Persons' 'lepra Compliance']

Case Brief

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Procedural Posture

Appeal (criminal) / Judgment on Costs

Legal Issues

  1. 1 ['Whether police investigation was conducted in an improper manner per s 70(1)(a) Crimes (Appeal and Review) Act 2001' 'Whether costs should be awarded after successful criminal appeals' 'Whether police complied with Law Enforcement (Powers and Responsibilities) Regulation 2005 cl 33 for Aboriginal persons']

Ratio Decidendi

The police investigation was conducted in an improper manner due to deliberate non-compliance with cl 33 of the Law Enforcement (Powers and Responsibilities) Regulation concerning notification for Aboriginal persons, thus enlivening the court's discretion to award costs to the successful appellants.

Court Disposition

Costs awarded to first, second, fourth and fifth plaintiffs; defendant to pay their costs of the appeal and in the court below on a party-party basis as agreed or assessed.

Orders

  • ['Defendant to pay the costs of the appeal and in the court below to the first, second, fourth and fifth plaintiffs on a party-party basis as agreed or assessed.']