R v YOUNAN, Ronny [2016] NSWDC 436

R v YOUNAN, Ronny [2016] NSWDC 436

If the prosecution had possessed all relevant facts before instituting proceedings, it would not have been reasonable to prosecute Ronny Younan; and any act or omission of the applicant that contributed or might have contributed was reasonable. Accordingly, a costs certificate is granted under the Costs in Criminal Cases Act 1967 (NSW).

Jurisdiction
Australia
Judgment Date
07 October 2016
Procedural Posture
Criminal / Post Acquittal Costs Application
Outcome
costs certificate granted to the applicant
Legal Topics
['knowingly Take Part in Supply of a Prohibited Drug' 'acquittal' 'costs in Criminal Cases']
['criminal Law' 'costs'] ['knowingly Take Part in Supply of a Prohibited Drug' 'acquittal' 'costs in Criminal Cases']

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Procedural Posture

Criminal / Post Acquittal Costs Application

Legal Issues

  1. 1 ['Whether a costs certificate should be granted under the Costs in Criminal Cases Act 1967 (NSW) following acquittal' 'Whether it was reasonable to institute proceedings given all relevant facts' 'Whether any act or omission of the applicant contributed to the institution or continuation of the proceedings']

Ratio Decidendi

If the prosecution had possessed all relevant facts before instituting proceedings, it would not have been reasonable to prosecute Ronny Younan; and any act or omission of the applicant that contributed or might have contributed was reasonable. Accordingly, a costs certificate is granted under the Costs in Criminal Cases Act 1967 (NSW).

Court Disposition

costs certificate granted to the applicant

Orders

  • ['A costs certificate is issued to Ronny Younan pursuant to Costs in Criminal Cases Act 1967 (NSW).']