REGINA v STAVROPOULOS [2008] NSWCCA 68

Because the Crown's appeal was validly instituted and within jurisdiction, s.17 of the Criminal Appeal Act 1912 applied, barring an order for costs, and the application for costs must be dismissed.

Jurisdiction: Australia
Judgment Date: 01 April 2008
Procedural Posture: Criminal Appeal / Application for Costs After Failed Crown Appeal
Outcome: Application for costs by the respondent dismissed.
Legal Topics: ['costs' 'abuse of Process' 'statutory Jurisdiction']

['criminal Law' 'appeal'] ['costs' 'abuse of Process' 'statutory Jurisdiction']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Criminal Appeal / Application for Costs After Failed Crown Appeal

Legal Issues

1 ['Whether s.17 of the Criminal Appeal Act 1912 precludes an order for costs after a failed Crown appeal' "Whether the Crown's appeal was incompetent or an abuse of process"]

Ratio Decidendi

Because the Crown's appeal was validly instituted and within jurisdiction, s.17 of the Criminal Appeal Act 1912 applied, barring an order for costs, and the application for costs must be dismissed.

Court Disposition

Application for costs by the respondent dismissed.

Orders

[]