Regina v JS (No 2) [2007] NSWCCA 309

Regina v JS (No 2) [2007] NSWCCA 309

The Court of Criminal Appeal has no power, express or implied, to award costs in a Crown appeal from a directed acquittal under the relevant statutory framework; additionally, s17 of the Criminal Appeal Act 1912 prohibits an award of costs in such proceedings.

Parties
Appellant: Regina; Respondent: JS
Jurisdiction
Australia
Judgment Date
19 November 2007
Procedural Posture
Criminal Appeal / Application for Costs Following Dismissal of Appeal
Outcome
Respondent's application for costs dismissed
Legal Topics
Jurisdiction of Appellate Courts, Powers to Award Costs, Directed Acquittals, Statutory Interpretation
Criminal Law Procedure Jurisdiction of Appellate Courts Powers to Award Costs Directed Acquittals Statutory Interpretation

Case Brief

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Parties

Regina

Appellant

JS

Respondent

Procedural Posture

Criminal Appeal / Application for Costs Following Dismissal of Appeal

Legal Issues

  1. 1 Does the Court of Criminal Appeal have jurisdiction or power, expressly or impliedly, to award costs in this type of criminal appeal?
  2. 2 Does s17 of the Criminal Appeal Act 1912 apply to bar an order for costs?
  3. 3 Are there any grounds in statute or implied power to make a costs order in this case?

Ratio Decidendi

The Court of Criminal Appeal has no power, express or implied, to award costs in a Crown appeal from a directed acquittal under the relevant statutory framework; additionally, s17 of the Criminal Appeal Act 1912 prohibits an award of costs in such proceedings.

Court Disposition

Respondent's application for costs dismissed

Orders

  • Respondent's application for costs is dismissed