R v Hallak [2024] NSWDC 647

R v Hallak [2024] NSWDC 647

The Court was satisfied that the two criteria in s 3(1) of the Costs in Criminal Cases Act 1967 (NSW) were made out, as the prosecution could not prove its case and the defendant's acts were reasonable, enlivening the Court's power to grant a certificate. No discretionary consideration warranted refusing the application; accordingly, a certificate was granted to Mr Hallak.

Parties
Applicant: Hassan Hallak; Respondent: Rex
Jurisdiction
Australia
Judgment Date
11 October 2024
Procedural Posture
Criminal / Costs Application After Direction of No Further Proceedings
Outcome
Costs certificate granted
Legal Topics
Costs, Costs Certificate, Perverting the Course of Justice, Jurisdiction of Costs in Criminal Cases Act
Criminal Law Costs Costs Certificate Perverting the Course of Justice Jurisdiction of Costs in Criminal Cases Act

Case Brief

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Parties

Hassan Hallak

Applicant

Rex

Respondent

Procedural Posture

Criminal / Costs Application After Direction of No Further Proceedings

Legal Issues

  1. 1 Whether the Court has jurisdiction to grant a costs certificate under the Costs in Criminal Cases Act 1967 (NSW) after the Director of Public Prosecutions directs no further proceedings following commencement of a judge alone trial
  2. 2 Whether the jurisdiction under the Costs in Criminal Cases Act 1967 (NSW) is a consent jurisdiction
  3. 3 Whether there is a residual discretion under s 2 of the Act to refuse a certificate

Ratio Decidendi

The Court was satisfied that the two criteria in s 3(1) of the Costs in Criminal Cases Act 1967 (NSW) were made out, as the prosecution could not prove its case and the defendant's acts were reasonable, enlivening the Court's power to grant a certificate. No discretionary consideration warranted refusing the application; accordingly, a certificate was granted to Mr Hallak.

Court Disposition

Costs certificate granted

Orders

  • Mr Hallak is granted a certificate under the Costs in Criminal Cases Act 1967 (NSW)