Regina v Stuart Carrick [2003] NSWSC 313

Regina v Stuart Carrick [2003] NSWSC 313

The application for a certificate under s 2 of the Costs in Criminal Cases Act 1967 must fail because the trial in respect of the murder charge was never commenced within the meaning of the Act; there were no preliminary proceedings forming part of a trial, and the expanded definition of 'trial' did not cover the negotiations and case management that occurred before arraignment.

Parties
Crown: Regina; Applicant: Stuart Carrick
Jurisdiction
Australia
Judgment Date
24 April 2003
Procedural Posture
Application for Certificate Under Costs in Criminal Cases Act 1967 / Judgment on Application for Costs Certificate After Guilty Plea and 'no Bill' of Murder Charge
Outcome
Application refused.
Legal Topics
Certificates for Costs in Criminal Cases, Commencement of Trial, Interpretation of Legislation, Acquittal and Discharge, No Bill Procedure
Criminal Law Costs Certificates for Costs in Criminal Cases Commencement of Trial Interpretation of Legislation Acquittal and Discharge No Bill Procedure

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Parties

Regina

Crown

Stuart Carrick

Applicant

Procedural Posture

Application for Certificate Under Costs in Criminal Cases Act 1967 / Judgment on Application for Costs Certificate After Guilty Plea and 'no Bill' of Murder Charge

Legal Issues

  1. 1 Whether the applicant is entitled to a certificate under s 2 of the Costs in Criminal Cases Act 1967 when the murder charge was 'no billed' before arraignment on that charge
  2. 2 Meaning of 'commencement of a trial' under the Act

Ratio Decidendi

The application for a certificate under s 2 of the Costs in Criminal Cases Act 1967 must fail because the trial in respect of the murder charge was never commenced within the meaning of the Act; there were no preliminary proceedings forming part of a trial, and the expanded definition of 'trial' did not cover the negotiations and case management that occurred before arraignment.

Court Disposition

Application refused.

Orders

  • The application for a certificate under the Costs in Criminal Cases Act 1967 is refused.