R v MLR [2012] NSWDC 75

R v MLR [2012] NSWDC 75

The applicant failed to demonstrate that it was not reasonable for the prosecution to institute proceedings, as the complainant was not shown to be very substantially lacking in credit and it was appropriate for the jury to determine her evidence.

Parties
Applicant: MLR
Jurisdiction
Australia
Judgment Date
05 April 2012
Procedural Posture
Criminal / Post Trial Costs Application
Outcome
Application dismissed
Legal Topics
Costs in Criminal Cases, Exercise of Discretion, Acquittal
Criminal Law Costs in Criminal Cases Exercise of Discretion Acquittal

Case Brief

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Parties

MLR

Applicant

Procedural Posture

Criminal / Post Trial Costs Application

Legal Issues

  1. 1 Whether the applicant is entitled to costs under section 2 of the Costs in Criminal Cases Act 1967 after acquittal
  2. 2 Whether it was unreasonable for the prosecution to institute proceedings

Ratio Decidendi

The applicant failed to demonstrate that it was not reasonable for the prosecution to institute proceedings, as the complainant was not shown to be very substantially lacking in credit and it was appropriate for the jury to determine her evidence.

Court Disposition

Application dismissed

Orders

  • Application for costs is dismissed.