R v Bushell; R v Tozer (No 19) [2023] NSWSC 1455

R v Bushell; R v Tozer (No 19) [2023] NSWSC 1455

Since the proceedings against Mr Tozer were discontinued by reason of the failure, through no fault of the parties, to disclose material necessary for the proper defence, and this reason was not attributable to the parties or jury, the statutory criteria were met for the issue of a certificate under s 6A(1) of the Suitors' Fund Act 1951 (NSW).

Parties
Respondent: Rex; Accused: Daniel Michael Bushell; Applicant: John Jamie Tozer
Jurisdiction
Australia
Judgment Date
17 November 2023
Procedural Posture
Criminal / Procedural Ruling on Application for Certificate Under S 6 A(1) of the Suitors' Fund Act 1951 (nsw)
Outcome
Certificate under s 6A(1) of the Suitors' Fund Act 1951 (NSW) granted to Mr Tozer.
Legal Topics
Costs, Discharge of Jury, Suitors' Fund Act 1951 (nsw), Certificates Under S 6 a
Criminal Procedure Costs Discharge of Jury Suitors' Fund Act 1951 (nsw) Certificates Under S 6 a

Case Brief

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Parties

Rex

Respondent

Daniel Michael Bushell

Accused

John Jamie Tozer

Applicant

Procedural Posture

Criminal / Procedural Ruling on Application for Certificate Under S 6 A(1) of the Suitors' Fund Act 1951 (nsw)

Legal Issues

  1. 1 Whether the discontinuance of the proceedings against Mr Tozer was for reasons not attributable to the act, neglect or default of any party or disagreement of the jury, such that a certificate under s 6A(1) of the Suitors' Fund Act 1951 (NSW) should be granted.

Ratio Decidendi

Since the proceedings against Mr Tozer were discontinued by reason of the failure, through no fault of the parties, to disclose material necessary for the proper defence, and this reason was not attributable to the parties or jury, the statutory criteria were met for the issue of a certificate under s 6A(1) of the Suitors' Fund Act 1951 (NSW).

Court Disposition

Certificate under s 6A(1) of the Suitors' Fund Act 1951 (NSW) granted to Mr Tozer.

Orders

  • Certificate granted to John Tozer under s 6A(1) of the Suitors' Fund Act 1951 (NSW)
  • A new trial will commence in 2024.