R v Millard [2024] NSWDC 517

R v Millard [2024] NSWDC 517

The facts demonstrated that at all relevant times, the complainant suffered from chronic, complex, and profound mental illness, including diagnoses of PTSD, anxiety, depression, psychosis, and borderline personality disorder, with documented pervasive hallucinations, disassociation, and ongoing incapacity to reliably participate in proceedings. The prosecution was or should have been aware of this evidence (as shown in subpoenaed health records and expert reports), which fundamentally undermined the reliability of the complainant as the crucial witness. There was no act or omission by the applicant contributing to the proceedings. In the particular circumstances of this case (which was...

Parties
Applicant: Scott Millard; Respondent: ODPP
Jurisdiction
Australia
Judgment Date
08 May 2024
Procedural Posture
Criminal / Costs Application After Discontinuance of Prosecution
Outcome
Certificate granted for costs under s 2 of the Costs in Criminal Cases Act 1967 (NSW).
Legal Topics
Costs in Criminal Cases Act 1967 (nsw), Costs Certificates for Acquitted/discharged Defendants, Assessment of Reasonableness to Prosecute Under S 2 and S 3, Reliability of Complainant in Sexual Assault Allegations, Mental Health of Complainant as Affecting Trial Fairness
Criminal Law Costs Costs in Criminal Cases Act 1967 (nsw) Costs Certificates for Acquitted/discharged Defendants Assessment of Reasonableness to Prosecute Under S 2 and S 3 Reliability of Complainant in Sexual Assault Allegations Mental Health of Complainant as Affecting Trial Fairness

Case Brief

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Parties

Scott Millard

Applicant

ODPP

Respondent

Procedural Posture

Criminal / Costs Application After Discontinuance of Prosecution

Legal Issues

  1. 1 Whether a costs certificate should be granted to an applicant acquitted/discharged after criminal charges, under s 2 of the Costs in Criminal Cases Act 1967 (NSW)
  2. 2 Whether, had the prosecution possessed all relevant facts at the outset, it would not have been reasonable to institute the proceedings, per s 3(1)(a) of the Act
  3. 3 Whether any act or omission of the applicant contributed to the institution or continuation of the proceedings per s 3(1)(b)

Ratio Decidendi

The facts demonstrated that at all relevant times, the complainant suffered from chronic, complex, and profound mental illness, including diagnoses of PTSD, anxiety, depression, psychosis, and borderline personality disorder, with documented pervasive hallucinations, disassociation, and ongoing incapacity to reliably participate in proceedings. The prosecution was or should have been aware of this evidence (as shown in subpoenaed health records and expert reports), which fundamentally undermined the reliability of the complainant as the crucial witness. There was no act or omission by the applicant contributing to the proceedings. In the particular circumstances of this case (which was...

Court Disposition

Certificate granted for costs under s 2 of the Costs in Criminal Cases Act 1967 (NSW).

Orders

  • Applicant to prepare a certificate and confer with the prosecutor; certificate to issue in due course.