R v Byass [2019] NSWDC 218

R v Byass [2019] NSWDC 218

The application was refused because the judge could not be satisfied that, had the prosecution been in possession of all relevant facts prior to instituting proceedings, it would not have been reasonable to institute the proceedings. The case was properly committed to a jury and turned on an evaluation of witness credibility, which did not reach the threshold of substantial unreliability.

Jurisdiction
Australia
Judgment Date
03 June 2019
Procedural Posture
Criminal Application for Costs Certificate After Acquittal / Post Verdict, Application for Costs
Outcome
application for costs certificate refused
Legal Topics
['costs in Criminal Cases' 'application for Certificate Under Costs in Criminal Cases Act 1967 (nsw)' 'prosecution Discretion' 'assessment of Witness Credibility' 'alibi Notice']
['criminal Law'] ['costs in Criminal Cases' 'application for Certificate Under Costs in Criminal Cases Act 1967 (nsw)' 'prosecution Discretion' 'assessment of Witness Credibility' 'alibi Notice']

Case Brief

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Procedural Posture

Criminal Application for Costs Certificate After Acquittal / Post Verdict, Application for Costs

Legal Issues

  1. 1 ['Whether it would not have been reasonable to institute the proceedings if the prosecution had all relevant evidence at the time' 'Whether the applicant is entitled to a certificate under s 2 of the Costs in Criminal Cases Act 1967 (NSW)']

Ratio Decidendi

The application was refused because the judge could not be satisfied that, had the prosecution been in possession of all relevant facts prior to instituting proceedings, it would not have been reasonable to institute the proceedings. The case was properly committed to a jury and turned on an evaluation of witness credibility, which did not reach the threshold of substantial unreliability.

Court Disposition

application for costs certificate refused

Orders

  • ['Application for costs certificate under s 2 Costs in Criminal Cases Act 1967 (NSW) refused.']