R v Barrett [2024] NSWSC 433

R v Barrett [2024] NSWSC 433

Even assuming the prosecution had all relevant evidence before instituting proceedings—including knowledge of the applicant’s journalistic background and the demonstrated lack of credibility of Hausman—the question of whether Mr Barrett participated in the blackmail, or was an unwitting journalist, was quintessentially a matter for a jury. The unreliability of the witness was apparent but not of such a degree as to render prosecution unreasonable in light of the available direct and circumstantial evidence. Accordingly, the statutory test for a costs certificate was not met.

Jurisdiction
Australia
Judgment Date
24 April 2024
Procedural Posture
Application for Costs Certificate in Criminal Proceedings / Decision After Hearing of Costs Application Post Discontinuation of Prosecution
Outcome
Application for costs certificate refused
Legal Topics
['costs in Criminal Cases' 'blackmail' 'credibility of Witness' 'discontinuance of Prosecution' 'costs Certificate' 'investigative Journalism and Criminal Liability']
['criminal Law' 'procedure'] ['costs in Criminal Cases' 'blackmail' 'credibility of Witness' 'discontinuance of Prosecution' 'costs Certificate' 'investigative Journalism and Criminal Liability']

Case Brief

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Procedural Posture

Application for Costs Certificate in Criminal Proceedings / Decision After Hearing of Costs Application Post Discontinuation of Prosecution

Legal Issues

  1. 1 ['Whether a costs certificate should be granted under the Costs in Criminal Cases Act 1967 (NSW) after the discontinuation of blackmail proceedings against the applicant' 'Whether, if the prosecution had all relevant facts prior to instituting proceedings, it would have been unreasonable to prosecute the applicant' "Whether the applicant's acts or omissions contributed to the institution or continuation of the proceedings and, if so, whether they were reasonable"]

Ratio Decidendi

Even assuming the prosecution had all relevant evidence before instituting proceedings—including knowledge of the applicant’s journalistic background and the demonstrated lack of credibility of Hausman—the question of whether Mr Barrett participated in the blackmail, or was an unwitting journalist, was quintessentially a matter for a jury. The unreliability of the witness was apparent but not of such a degree as to render prosecution unreasonable in light of the available direct and circumstantial evidence. Accordingly, the statutory test for a costs certificate was not met.

Court Disposition

Application for costs certificate refused

Orders

  • ['Application under the Costs in Criminal Cases Act 1967 (NSW) for a costs certificate is refused.']