OU v R [2024] NSWDC 634

OU v R [2024] NSWDC 634

Given the numerous inconsistencies and weaknesses in the complainants' accounts, all of which were known to the prosecutor prior to commencement or early in the proceedings, it was objectively unreasonable to institute and maintain the prosecution. The Applicant did not act unreasonably in any way contributing to the proceedings, and thus, a costs certificate under the Act is warranted.

Parties
Applicant: OU; Respondent: Rex
Jurisdiction
Australia
Judgment Date
12 December 2024
Procedural Posture
Application for Costs Certificate (criminal) / Post Acquittal, Application for Certificate Under Costs in Criminal Cases Act 1967 (nsw)
Outcome
Costs certificate granted
Legal Topics
Costs Certificate, Unreasonable Prosecution, Prosecutor's Duty, Acquittal, Credibility of Witnesses
Criminal Law Costs Costs Certificate Unreasonable Prosecution Prosecutor's Duty Acquittal Credibility of Witnesses

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Parties

OU

Applicant

Rex

Respondent

Procedural Posture

Application for Costs Certificate (criminal) / Post Acquittal, Application for Certificate Under Costs in Criminal Cases Act 1967 (nsw)

Legal Issues

  1. 1 Whether it was unreasonable for the prosecution to institute and continue the criminal proceedings against the Applicant
  2. 2 Whether the Applicant contributed unreasonably to the institution or continuation of the proceedings
  3. 3 Assessment of credibility and strength of evidence relating to key prosecution witnesses

Ratio Decidendi

Given the numerous inconsistencies and weaknesses in the complainants' accounts, all of which were known to the prosecutor prior to commencement or early in the proceedings, it was objectively unreasonable to institute and maintain the prosecution. The Applicant did not act unreasonably in any way contributing to the proceedings, and thus, a costs certificate under the Act is warranted.

Court Disposition

Costs certificate granted

Orders

  • Costs certificate granted pursuant to the Costs in Criminal Cases Act 1967 (NSW) in favour of the Applicant.