R v VASICEK (Costs) [2023] NSWDC 515

R v VASICEK (Costs) [2023] NSWDC 515

Once the prosecution was in possession of the social media exchanges between the applicant and complainant, the complainant's credibility was so irreparably compromised that it was not reasonable to continue the prosecution. Had the prosecution possessed all such evidence prior to instituting proceedings, it would not have been reasonable to pursue the matter. No conduct by the applicant disentitled him from relief.

Jurisdiction
Australia
Judgment Date
24 November 2023
Procedural Posture
Criminal / Costs Application Following Acquittal at Trial by Judge Alone
Outcome
Application granted; certificate pursuant to s. 2(1) of the Costs in Criminal Cases Act 1967 issued to the applicant.
Legal Topics
['costs in Criminal Cases' 'acquittal' 'reasonableness of Prosecution' 'credibility of Complainant']
['criminal Law'] ['costs in Criminal Cases' 'acquittal' 'reasonableness of Prosecution' 'credibility of Complainant']

Case Brief

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Procedural Posture

Criminal / Costs Application Following Acquittal at Trial by Judge Alone

Legal Issues

  1. 1 ["Whether it was reasonable to institute or continue proceedings in light of new evidence (social media exchanges) impacting complainant's credibility" "Whether applicant's conduct disentitled him from a certificate under the Costs in Criminal Cases Act 1967"]

Ratio Decidendi

Once the prosecution was in possession of the social media exchanges between the applicant and complainant, the complainant's credibility was so irreparably compromised that it was not reasonable to continue the prosecution. Had the prosecution possessed all such evidence prior to instituting proceedings, it would not have been reasonable to pursue the matter. No conduct by the applicant disentitled him from relief.

Court Disposition

Application granted; certificate pursuant to s. 2(1) of the Costs in Criminal Cases Act 1967 issued to the applicant.

Orders

  • ['Certificate pursuant to section 2 of the Costs in Criminal Cases Act, 1967 granted.']