PB v R [2024] NSWDC 471

PB v R [2024] NSWDC 471

The evidence at trial and on the application demonstrated that the complainant was a witness substantially lacking in credit, having knowingly told significant falsehoods and sought to intimidate witnesses, leading to the conclusion that it would not have been reasonable to prosecute if all facts were known. The statutory criteria for a certificate were met and there was no act or omission by the applicant contributing unreasonably to the proceedings.

Parties
Applicant: PB; Crown: ODPP (NSW)
Jurisdiction
Australia
Judgment Date
11 October 2024
Procedural Posture
Criminal / Application for Costs Certificate Following Acquittal at Jury Trial
Outcome
Certificate granted under section 2 of Costs in Criminal Cases Act 1967 (NSW) to the applicant
Legal Topics
Costs in Criminal Cases, Acquittal, Unreasonable Prosecution, Witness Credibility
Criminal Law Costs in Criminal Cases Acquittal Unreasonable Prosecution Witness Credibility

Case Brief

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Parties

PB

Applicant

ODPP (NSW)

Crown

Procedural Posture

Criminal / Application for Costs Certificate Following Acquittal at Jury Trial

Legal Issues

  1. 1 Whether applicant should be granted a certificate under section 2 of the Costs in Criminal Cases Act 1967 (NSW) following acquittal
  2. 2 Whether if all relevant facts had been known, prosecution would have been unreasonable
  3. 3 Whether any act or omission of the defendant contributed to the institution or continuation of the proceedings

Ratio Decidendi

The evidence at trial and on the application demonstrated that the complainant was a witness substantially lacking in credit, having knowingly told significant falsehoods and sought to intimidate witnesses, leading to the conclusion that it would not have been reasonable to prosecute if all facts were known. The statutory criteria for a certificate were met and there was no act or omission by the applicant contributing unreasonably to the proceedings.

Court Disposition

Certificate granted under section 2 of Costs in Criminal Cases Act 1967 (NSW) to the applicant

Orders

  • Certificate to be prepared and provided to the Applicant’s solicitors for draft within 14 days.