R v Curtis [2014] NSWSC 1582

R v Curtis [2014] NSWSC 1582

The application failed because the Defendant did not establish any fault, delinquency, unconscionability or unfairness by the Crown. The need to vacate the trial arose largely from the timing and effect of the High Court's decision in Lee v The Queen and Fullerton J's application of it; before Lee the law was uncertain, after Lee the issues required determination, and after Fullerton J's judgment the Crown promptly pursued an appeal that was not unreasonable or hopeless. A fresh prosecution team would not have resolved the broader issues raised by the Defendant concerning the laying of the charge and possible evidentiary taint.

Jurisdiction
Australia
Judgment Date
14 November 2014
Procedural Posture
Criminal Costs Application / Defendant's Application for Costs Thrown Away and for Any Further Stay Until Such Costs Are Paid, Following Vacation of the Trial Date on the Crown's Application
Outcome
Defendant's application for costs is dismissed.
Legal Topics
['costs in Criminal Proceedings' 'stay of Proceedings' 'vacation of Trial Date' 'compulsory Examination Transcript' 'lee V the Queen Principles' 'prosecution Fault']
['criminal Law' 'costs' 'criminal Procedure'] ['costs in Criminal Proceedings' 'stay of Proceedings' 'vacation of Trial Date' 'compulsory Examination Transcript' 'lee V the Queen Principles' 'prosecution Fault']

Case Brief

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Procedural Posture

Criminal Costs Application / Defendant's Application for Costs Thrown Away and for Any Further Stay Until Such Costs Are Paid, Following Vacation of the Trial Date on the Crown's Application

Legal Issues

  1. 1 ['Whether a costs order could be made against the Crown in criminal proceedings after the trial was vacated at a late stage.' "Whether the Court could stay the proceedings until the Crown paid the Defendant's costs thrown away." 'Whether the Defendant established delinquency, unconscionability, unfairness or fault on the part of the Crown.' "Whether the Crown's failure to organise a new prosecution team after issues arising from Lee v The Queen justified costs or a stay."]

Ratio Decidendi

The application failed because the Defendant did not establish any fault, delinquency, unconscionability or unfairness by the Crown. The need to vacate the trial arose largely from the timing and effect of the High Court's decision in Lee v The Queen and Fullerton J's application of it; before Lee the law was uncertain, after Lee the issues required determination, and after Fullerton J's judgment the Crown promptly pursued an appeal that was not unreasonable or hopeless. A fresh prosecution team would not have resolved the broader issues raised by the Defendant concerning the laying of the charge and possible evidentiary taint.

Court Disposition

Defendant's application for costs is dismissed.

Orders

  • ['The trial date of 17 November 2014 was vacated and the matter stood into the Arraignments List on 6 February 2015.' 'The application for costs by the Defendant and for any further stay until such costs are paid is dismissed.']