R v McNamara [2017] NSWLC 26

R v McNamara [2017] NSWLC 26

Withdrawal and deemed dismissal of proceedings pursuant to s 208 of the Criminal Procedure Act is the appropriate and sufficient outcome; there was no abuse of process in following the statutory regime. None of the exceptions to permit an order for costs under s 214(1) were established by the accused on the facts or law; costs refused.

Jurisdiction
Australia
Judgment Date
18 May 2017
Procedural Posture
Criminal / Post Hearing Determination After Prosecution Withdrew Charges; Applications for Dismissal and Costs Considered
Outcome
Charges dismissed following withdrawal under s 208; applications for dismissal under s 205 and for costs refused.
Legal Topics
['abuse of Process' 'dismissal of Charges' 'costs in Criminal Proceedings' 'summary Procedure']
['criminal Law'] ['abuse of Process' 'dismissal of Charges' 'costs in Criminal Proceedings' 'summary Procedure']

Case Brief

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Procedural Posture

Criminal / Post Hearing Determination After Prosecution Withdrew Charges; Applications for Dismissal and Costs Considered

Legal Issues

  1. 1 ['Whether dismissal should be entered under s 205 or by deemed effect under s 208 Criminal Procedure Act 1986 (NSW)' 'Whether withdrawal under s 208 constitutes an abuse of process' 'Whether costs should be awarded to the accused under the exceptions set out in s 214(1) of the Criminal Procedure Act 1986 (NSW)']

Ratio Decidendi

Withdrawal and deemed dismissal of proceedings pursuant to s 208 of the Criminal Procedure Act is the appropriate and sufficient outcome; there was no abuse of process in following the statutory regime. None of the exceptions to permit an order for costs under s 214(1) were established by the accused on the facts or law; costs refused.

Court Disposition

Charges dismissed following withdrawal under s 208; applications for dismissal under s 205 and for costs refused.

Orders

  • ['Application for order dismissing the proceedings pursuant to s 205 and for a certificate under s 205(2) refused.' 'Application for costs refused.']