R v Pratt [2006] NSWDC 48

R v Pratt [2006] NSWDC 48

The defence did not discharge the onus of establishing that it was unreasonable for the prosecution to institute or continue the proceedings, as the matters raised concerned issues of credibility, delay, and complainant's reliability, which are routinely dealt with in such trials and do not make the commencement of proceedings unreasonable under the statute.

Jurisdiction
Australia
Judgment Date
07 April 2006
Procedural Posture
Criminal / Application for Costs Following Termination of Proceedings
Outcome
Application for a certificate refused.
Legal Topics
['costs in Criminal Cases' 'child Sexual Assault' 'dismissal of Prosecution' 'credibility of Witnesses']
['criminal Law'] ['costs in Criminal Cases' 'child Sexual Assault' 'dismissal of Prosecution' 'credibility of Witnesses']

Case Brief

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Procedural Posture

Criminal / Application for Costs Following Termination of Proceedings

Legal Issues

  1. 1 ['Whether it was unreasonable for the prosecution to institute proceedings in light of all relevant facts known at the time of the application for a costs certificate.']

Ratio Decidendi

The defence did not discharge the onus of establishing that it was unreasonable for the prosecution to institute or continue the proceedings, as the matters raised concerned issues of credibility, delay, and complainant's reliability, which are routinely dealt with in such trials and do not make the commencement of proceedings unreasonable under the statute.

Court Disposition

Application for a certificate refused.

Orders

  • []