R v Rodden (Costs) [2022] NSWSC 1230

R v Rodden (Costs) [2022] NSWSC 1230

The application was dismissed because Mr Rodden's defence costs were entirely funded by the Legal Aid Commission, he had incurred no personal costs, and the Costs in Criminal Cases Act 1967 (NSW), properly construed, did not justify issuing a certificate in those circumstances merely to enable the Commission to seek payment from public funds for costs already publicly funded. In any event, the prosecution was not unreasonable: the evidence, including CCTV evidence and Mr Rodden's conduct at the service station, was capable of supporting inferences that he knew an assault was planned, was aware of the assailants including McDonald before the attack commenced, and manifested agreement with...

Jurisdiction
Australia
Judgment Date
16 September 2022
Procedural Posture
Application for a Costs Certificate Under the Costs in Criminal Cases Act 1967 (nsw) Following Acquittal on a Murder Charge / Costs Application After Jury Acquittal
Outcome
Application dismissed.
Legal Topics
['costs in Criminal Cases' 'legal Aid Funding' 'costs Certificate' 'reasonableness of Prosecution' 'joint Criminal Enterprise']
['criminal Law' 'costs'] ['costs in Criminal Cases' 'legal Aid Funding' 'costs Certificate' 'reasonableness of Prosecution' 'joint Criminal Enterprise']

Case Brief

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Procedural Posture

Application for a Costs Certificate Under the Costs in Criminal Cases Act 1967 (nsw) Following Acquittal on a Murder Charge / Costs Application After Jury Acquittal

Legal Issues

  1. 1 ["Whether the Court should issue a costs certificate under s 2 of the Costs in Criminal Cases Act 1967 (NSW) where the applicant's defence costs were fully funded by a grant of legal aid." 'Whether the prosecution of the applicant was unreasonable within s 3(1)(a) of the Costs in Criminal Cases Act 1967 (NSW).' 'Whether any act or omission of the applicant contributed, or might have contributed, to the institution or continuation of the proceedings and was reasonable in the circumstances.']

Ratio Decidendi

The application was dismissed because Mr Rodden's defence costs were entirely funded by the Legal Aid Commission, he had incurred no personal costs, and the Costs in Criminal Cases Act 1967 (NSW), properly construed, did not justify issuing a certificate in those circumstances merely to enable the Commission to seek payment from public funds for costs already publicly funded. In any event, the prosecution was not unreasonable: the evidence, including CCTV evidence and Mr Rodden's conduct at the service station, was capable of supporting inferences that he knew an assault was planned, was aware of the assailants including McDonald before the attack commenced, and manifested agreement with...

Court Disposition

Application dismissed.

Orders

  • ["Simon Rodden's application for a certificate under the Costs in Criminal Cases Act be dismissed."]