R v Whitworth [1988] HCA 20

Since the Crown instituted the special leave application to determine an important point of law and the application failed, it is appropriate for the Crown to pay the respondent's costs.

Source-derived case information.

Jurisdiction: Australia
Procedural Posture: Application for Special Leave to Appeal / Determination of Costs Following Dismissal of Special Leave Application
Outcome: Application for special leave to appeal dismissed. Applicant ordered to pay respondent's costs.
Legal Topics: ['costs in Criminal Appeals' 'applications for Special Leave to Appeal' 'diminished Responsibility']

['criminal Law'] ['costs in Criminal Appeals' 'applications for Special Leave to Appeal' 'diminished Responsibility']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application for Special Leave to Appeal / Determination of Costs Following Dismissal of Special Leave Application

Legal Issues

1 ["Whether the Crown should pay the respondent's costs after an unsuccessful application for special leave to appeal in a criminal case."]

Ratio Decidendi

Since the Crown instituted the special leave application to determine an important point of law and the application failed, it is appropriate for the Crown to pay the respondent's costs.

Court Disposition

Application for special leave to appeal dismissed. Applicant ordered to pay respondent's costs.

Orders

["The applicant (Crown) pay the respondent's costs."]

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