R v Peter Anthony QUINN - Application for Costs [2014] NSWDC 59

R v Peter Anthony QUINN - Application for Costs [2014] NSWDC 59

The application for a costs certificate is refused because the defence did not establish that the institution of proceedings was unreasonable in light of all the evidence available before the proceedings were commenced. Issues of credibility and the lack of corroboration did not suffice to make it unreasonable to prosecute, especially as some corroboration existed and the case appropriately required determination by a jury.

Jurisdiction
Australia
Judgment Date
30 May 2014
Procedural Posture
Application for Costs Certificate After Criminal Acquittal / Decision on Application for Costs Certificate
Outcome
Application for costs certificate refused
Legal Topics
['costs Certificate' 'stay of Proceedings' 'verdict by Direction']
['criminal Law' 'costs'] ['costs Certificate' 'stay of Proceedings' 'verdict by Direction']

Case Brief

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Procedural Posture

Application for Costs Certificate After Criminal Acquittal / Decision on Application for Costs Certificate

Legal Issues

  1. 1 ["Whether the accused is entitled to a costs certificate under the Costs in Criminal Cases Act 1967 after being acquitted by direction following the DPP's discontinuance of proceedings"]

Ratio Decidendi

The application for a costs certificate is refused because the defence did not establish that the institution of proceedings was unreasonable in light of all the evidence available before the proceedings were commenced. Issues of credibility and the lack of corroboration did not suffice to make it unreasonable to prosecute, especially as some corroboration existed and the case appropriately required determination by a jury.

Court Disposition

Application for costs certificate refused

Orders

  • ['The application for a costs certificate is refused.']