Queen, The v Goia, D [1988] FCA 479

Queen, The v Goia, D [1988] FCA 479

The ordinary rule that costs are not awarded for or against the Crown in criminal proceedings applies to applications for a stay of criminal proceedings before the Supreme Court; no sufficient reason was advanced to treat such applications as an exception to the rule; accordingly, the order that the Crown pay the applicant's costs was set aside.

Parties
Appellant: The Queen; Respondent: Dorel Goia
Jurisdiction
Australia
Judgment Date
26 August 1988
Procedural Posture
Appeal / Appeal From a Single Judge of the Supreme Court of the Australian Capital Territory
Outcome
Appeal allowed
Legal Topics
Costs, Stay of Proceedings, Indictable Offence
Criminal Law Costs Stay of Proceedings Indictable Offence

Case Brief

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Parties

The Queen

Appellant

Dorel Goia

Respondent

Procedural Posture

Appeal / Appeal From a Single Judge of the Supreme Court of the Australian Capital Territory

Legal Issues

  1. 1 Whether the ordinary rule as to costs in criminal cases applies to an application to stay proceedings in the Supreme Court
  2. 2 Whether the Supreme Court had jurisdiction to order the Crown to pay costs in such circumstances

Ratio Decidendi

The ordinary rule that costs are not awarded for or against the Crown in criminal proceedings applies to applications for a stay of criminal proceedings before the Supreme Court; no sufficient reason was advanced to treat such applications as an exception to the rule; accordingly, the order that the Crown pay the applicant's costs was set aside.

Court Disposition

Appeal allowed

Orders

  • The appeal be allowed
  • The order made that the Crown pay the costs of and incidental to the Notice of Motion dated 22 October 1987 be set aside