The Queen v J. [1983] FCA 245

The Queen v J. [1983] FCA 245

The Court refused the respondent's application for costs, holding that the ordinary rule should prevail and there was no justification to award costs against the Crown in the present case, where the Crown brought an appeal against sentence as the representative of the community and no special statutory scheme applied.

Jurisdiction
Australia
Judgment Date
21 September 1983
Procedural Posture
Crown Appeal Against Sentence / Appeal Application for Costs Following Dismissal of Appeal
Outcome
Application for costs refused.
Legal Topics
['crown Appeal Against Sentence' 'costs in Criminal Appeals']
['criminal Law' 'procedure'] ['crown Appeal Against Sentence' 'costs in Criminal Appeals']

Case Brief

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Procedural Posture

Crown Appeal Against Sentence / Appeal Application for Costs Following Dismissal of Appeal

Legal Issues

  1. 1 ['Whether the respondent is entitled to costs after successfully defending a Crown appeal against sentence']

Ratio Decidendi

The Court refused the respondent's application for costs, holding that the ordinary rule should prevail and there was no justification to award costs against the Crown in the present case, where the Crown brought an appeal against sentence as the representative of the community and no special statutory scheme applied.

Court Disposition

Application for costs refused.

Orders

  • ['Application for costs refused.']