SALIBA, Jamie v R; CUSENS, Troy v R [2017] NSWDC 378

SALIBA, Jamie v R; CUSENS, Troy v R [2017] NSWDC 378

It remained reasonable for the prosecution to proceed against Jamie Saliba, given the spontaneous identification made by the victim, the corroborating circumstances, and the primary issues being matters for jury assessment, notwithstanding witness credibility concerns. For Troy Cusens, the evidence, when fully considered, did not support a reasonable basis to prosecute as substantial gaps and alternative inferences inconsistent with guilt rendered the prosecution’s case insufficient, thus entitling him to a costs certificate.

Jurisdiction
Australia
Judgment Date
27 October 2017
Procedural Posture
Criminal / Post Acquittal Costs Application
Outcome
Certificate granted to Troy Cusens; refused to Jamie Saliba.
Legal Topics
['costs in Criminal Trials' 'acquittal' 'costs Certificates' 'reasonableness of Prosecution' 'voice Identification Evidence']
['criminal Law'] ['costs in Criminal Trials' 'acquittal' 'costs Certificates' 'reasonableness of Prosecution' 'voice Identification Evidence']

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Procedural Posture

Criminal / Post Acquittal Costs Application

Legal Issues

  1. 1 ['Whether, under the Costs in Criminal Cases Act 1967, it would not have been reasonable to institute proceedings against Jamie Saliba and/or Troy Cusens, had all relevant facts been known before commencement of the prosecution' 'Whether any act or omission of the applicants contributed unreasonably to the institution or continuation of the proceedings']

Ratio Decidendi

It remained reasonable for the prosecution to proceed against Jamie Saliba, given the spontaneous identification made by the victim, the corroborating circumstances, and the primary issues being matters for jury assessment, notwithstanding witness credibility concerns. For Troy Cusens, the evidence, when fully considered, did not support a reasonable basis to prosecute as substantial gaps and alternative inferences inconsistent with guilt rendered the prosecution’s case insufficient, thus entitling him to a costs certificate.

Court Disposition

Certificate granted to Troy Cusens; refused to Jamie Saliba.

Orders

  • ['Costs certificate issued to Troy Cusens pursuant to the Act.' 'Costs certificate not issued to Jamie Saliba.']