West v R [2023] NSWDC 366

West v R [2023] NSWDC 366

The Court was not satisfied that the investigation was unreasonable or improper, that the proceedings were initiated without reasonable cause or in bad faith, that the prosecutor unreasonably failed to investigate a relevant matter, or that exceptional circumstances justified costs under s 70. Although further evidence about the amicable history and context might have been useful, there remained a reasonable basis for the application because the prosecutor had evidence that the appellant entered the property uninvited and removed a child under the care of the person in need of protection, supported in part by CCTV and the complaint. The more stringent or equivalent limitations in s 99A...

Jurisdiction
Australia
Judgment Date
08 September 2023
Procedural Posture
Application for Costs by Appellant Following Appeal Against a Final Apprehended Domestic Violence Order / Costs Application After Appeal Upheld and Order Set Aside
Outcome
Application for costs dismissed.
Legal Topics
['party/party Costs' 'costs on Appeal' 'costs Against Public Prosecutor' 'professional Costs in Apprehended Domestic Violence Order Proceedings']
['criminal Law' 'costs' 'apprehended Domestic Violence Orders'] ['party/party Costs' 'costs on Appeal' 'costs Against Public Prosecutor' 'professional Costs in Apprehended Domestic Violence Order Proceedings']

Case Brief

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Procedural Posture

Application for Costs by Appellant Following Appeal Against a Final Apprehended Domestic Violence Order / Costs Application After Appeal Upheld and Order Set Aside

Legal Issues

  1. 1 ['Whether costs of the appeal should be awarded to the appellant under section 70 of the Crimes (Appeal and Review) Act 2001.' 'Whether costs of the Local Court proceedings should be awarded having regard to section 99A of the Crimes (Personal and Domestic Violence) Act 2007.' 'Whether the police investigation or prosecution was unreasonable, improper, without reasonable cause, in bad faith, or involved an unreasonable failure to investigate relevant matters.' "Whether exceptional circumstances relating to the prosecutor's conduct justified an award of costs."]

Ratio Decidendi

The Court was not satisfied that the investigation was unreasonable or improper, that the proceedings were initiated without reasonable cause or in bad faith, that the prosecutor unreasonably failed to investigate a relevant matter, or that exceptional circumstances justified costs under s 70. Although further evidence about the amicable history and context might have been useful, there remained a reasonable basis for the application because the prosecutor had evidence that the appellant entered the property uninvited and removed a child under the care of the person in need of protection, supported in part by CCTV and the complaint. The more stringent or equivalent limitations in s 99A...

Court Disposition

Application for costs dismissed.

Orders

  • ['The application for costs is dismissed.']