R v Officer A (No 3) [2024] NSWSC 1265

R v Officer A (No 3) [2024] NSWSC 1265

The application for a costs certificate is refused because, even if all relevant facts and post-ruling evidence had been available to the prosecution prior to proceedings, it cannot be said that it would not have been reasonable to prosecute. The circumstances surrounding the shooting, the availability of factual disputes regarding alternative options, training, and witness perspectives collectively meant that instituting proceedings was reasonable under the test established by statute and case law.

Parties
Crown: Rex; Applicant: Officer A
Jurisdiction
Australia
Judgment Date
10 October 2024
Procedural Posture
Costs Application / Post Trial (following Acquittal)
Outcome
Application for costs certificate refused
Legal Topics
Costs in Criminal Cases, Acquittal, Correctional Officer Use of Force, Discharge of Firearm, Lawful Excuse
Criminal Law Costs in Criminal Cases Acquittal Correctional Officer Use of Force Discharge of Firearm Lawful Excuse

Case Brief

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Parties

Rex

Crown

Officer A

Applicant

Procedural Posture

Costs Application / Post Trial (following Acquittal)

Legal Issues

  1. 1 Whether a costs certificate should be granted to Officer A under the Costs in Criminal Cases Act 1967 (NSW) following acquittal on charges of murder and manslaughter
  2. 2 Whether it would have been reasonable to institute prosecution if all relevant facts had been available to the prosecutor
  3. 3 Whether Officer A's acts or omissions contributed to the institution or continuation of proceedings

Ratio Decidendi

The application for a costs certificate is refused because, even if all relevant facts and post-ruling evidence had been available to the prosecution prior to proceedings, it cannot be said that it would not have been reasonable to prosecute. The circumstances surrounding the shooting, the availability of factual disputes regarding alternative options, training, and witness perspectives collectively meant that instituting proceedings was reasonable under the test established by statute and case law.

Court Disposition

Application for costs certificate refused

Orders

  • Application for costs certificate under Costs in Criminal Cases Act 1967 (NSW) dismissed