R v DT [2021] NSWDC 546

R v DT [2021] NSWDC 546

The applicant satisfied the requirements for a certificate because confirmation that the scratches in photographs 3 and 8 were caused by a cat contradicted the complainant's account and very significantly undermined her credibility. If the prosecution had possessed evidence of all relevant facts before the proceedings were instituted, it would not have been reasonable to institute the proceedings, and there was no suggestion that any act or omission of the applicant contributed to the institution or continuation of the proceedings.

Jurisdiction
Australia
Judgment Date
14 October 2021
Procedural Posture
Application for a Certificate Under the Costs in Criminal Cases Act 1967 / Following Discontinuation of Criminal Proceedings
Outcome
Application granted; certificate under the Costs in Criminal Cases Act 1967 granted.
Legal Topics
['costs in Criminal Cases' 'certificate for Costs' 'discontinued Prosecution' 'sexual Assault and Assault Charges' 'complainant Credibility']
['criminal Law' 'costs'] ['costs in Criminal Cases' 'certificate for Costs' 'discontinued Prosecution' 'sexual Assault and Assault Charges' 'complainant Credibility']

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Procedural Posture

Application for a Certificate Under the Costs in Criminal Cases Act 1967 / Following Discontinuation of Criminal Proceedings

Legal Issues

  1. 1 ['Whether the applicant should be granted a certificate under s.2 of the Costs in Criminal Cases Act 1967 following discontinuation of the proceedings.' 'Whether, if the prosecution had before institution been in possession of evidence of all relevant facts, it would not have been reasonable to institute the proceedings.' 'Whether any act or omission of the applicant contributed, or might have contributed, to the institution or continuation of the proceedings.']

Ratio Decidendi

The applicant satisfied the requirements for a certificate because confirmation that the scratches in photographs 3 and 8 were caused by a cat contradicted the complainant's account and very significantly undermined her credibility. If the prosecution had possessed evidence of all relevant facts before the proceedings were instituted, it would not have been reasonable to institute the proceedings, and there was no suggestion that any act or omission of the applicant contributed to the institution or continuation of the proceedings.

Court Disposition

Application granted; certificate under the Costs in Criminal Cases Act 1967 granted.

Orders

  • ['I grant a certificate under the Costs Act.' 'I grant the application for a certificate under the Costs Act.']