Lam v R (No.2) [2024] NSWCCA 237

Lam v R (No.2) [2024] NSWCCA 237

All preconditions for the issue of a Costs Certificate were satisfied—the section under which the applicant was charged (s 81 of the Crimes Act 1900 (NSW)) had no application to women, and it would not have been reasonable to institute proceedings had the prosecution had evidence of all relevant facts before...

Source-derived case information.

Parties
Applicant: Helga Lam; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
19 December 2024
Procedural Posture
Criminal Appeal (costs Certificate Application) / Application for Costs Certificate After Quashing of Indictment
Outcome
Certificate ordered to be issued to applicant under the Costs in Criminal Cases Act 1967
Legal Topics
Costs in Criminal Cases, Indictment Quashed, Reasonableness to Institute Proceedings
Criminal Law Criminal Procedure Costs in Criminal Cases Indictment Quashed Reasonableness to Institute Proceedings

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Summary, issues, holding and outcome

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Parties

Helga Lam

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal (costs Certificate Application) / Application for Costs Certificate After Quashing of Indictment

Legal Issues

  1. 1 Whether, if the prosecution had before instituting proceedings been in possession of all relevant facts, it would not have been reasonable to institute proceedings for the offence under s 81 of the Crimes Act 1900 (NSW) against a woman.

Ratio Decidendi

All preconditions for the issue of a Costs Certificate were satisfied—the section under which the applicant was charged (s 81 of the Crimes Act 1900 (NSW)) had no application to women, and it would not have been reasonable to institute proceedings had the prosecution had evidence of all relevant facts before proceedings were instituted. Therefore, a Costs Certificate should be ordered.

Court Disposition

Certificate ordered to be issued to applicant under the Costs in Criminal Cases Act 1967

Orders

  • Order that a Certificate pursuant to the Costs in Criminal Cases Act 1967 be issued to the applicant in respect of the proceedings brought against her on Indictment and which were the subject of the decision of the Court of Criminal Appeal on 12 February 2024