R v Tunguz Te Ture [2025] NSWDC 30

R v Tunguz Te Ture [2025] NSWDC 30

The prosecution was not unreasonable. The evidence of the complainant, although with some inconsistencies, was not so unreliable that it would have been unreasonable to prosecute. The fact that forensic testing disproved drink spiking did not undermine the complainant's credibility or the reasonableness of...

Source-derived case information.

Parties
Applicant: Manaia Tunguz Te Ture; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
04 February 2025
Procedural Posture
Criminal Costs Application / Application for a Costs Certificate After Acquittal
Outcome
application dismissed
Legal Topics
Costs in Criminal Cases Act 1967, Acquittal Costs, Reasonableness of Prosecution, Sexual Offences
Criminal Law Costs in Criminal Cases Act 1967 Acquittal Costs Reasonableness of Prosecution Sexual Offences

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Parties

Manaia Tunguz Te Ture

Applicant

The Crown

Respondent

Procedural Posture

Criminal Costs Application / Application for a Costs Certificate After Acquittal

Legal Issues

  1. 1 Whether a certificate under the Costs in Criminal Cases Act 1967 (NSW) should be issued to the applicant following acquittal by jury
  2. 2 Whether the prosecution was unreasonable in commencing or continuing the proceedings

Ratio Decidendi

The prosecution was not unreasonable. The evidence of the complainant, although with some inconsistencies, was not so unreliable that it would have been unreasonable to prosecute. The fact that forensic testing disproved drink spiking did not undermine the complainant's credibility or the reasonableness of prosecuting. It was appropriate for the case to be put before a jury.

Court Disposition

application dismissed

Orders

  • Application under the Costs in Criminal Cases Act 1967 for a costs certificate is dismissed.