R v Moore [2015] NSWSC 1263

R v Moore [2015] NSWSC 1263

Although the evidence relied on by the prosecution was manifestly inconsistent, lacked credibility, and was subject to challenge, it was not unreasonable in the circumstances for the prosecutor to have instituted proceedings. The hypothetical reasonable prosecutor is not presumed to know how credibility or discretionary evidentiary rulings would ultimately be determined. Therefore, the statutory threshold under s 3 was not satisfied and the application for a certificate must be refused.

Parties
Applicant: Kieran Moore; Respondent: Crown
Jurisdiction
Australia
Judgment Date
10 September 2015
Procedural Posture
Criminal / Application for Certificate of Costs Following Discontinuance of Proceedings
Outcome
Application for certificate refused.
Legal Topics
Costs in Criminal Cases, Admissibility of Evidence, Voir Dire, Prosecutorial Discretion
Criminal Law Costs in Criminal Cases Admissibility of Evidence Voir Dire Prosecutorial Discretion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 21 Party arguments 2
Sign in to unlock

Parties

Kieran Moore

Applicant

Crown

Respondent

Procedural Posture

Criminal / Application for Certificate of Costs Following Discontinuance of Proceedings

Legal Issues

  1. 1 Whether a certificate should be granted under s 2 of the Costs in Criminal Cases Act 1967 (NSW) where proceedings were discontinued after exclusion of key prosecution evidence

Ratio Decidendi

Although the evidence relied on by the prosecution was manifestly inconsistent, lacked credibility, and was subject to challenge, it was not unreasonable in the circumstances for the prosecutor to have instituted proceedings. The hypothetical reasonable prosecutor is not presumed to know how credibility or discretionary evidentiary rulings would ultimately be determined. Therefore, the statutory threshold under s 3 was not satisfied and the application for a certificate must be refused.

Court Disposition

Application for certificate refused.