Tyler Fenton v R; Marc Douglas O’Neill v R; Jyles Cousinsv R; Matthew Lolicato v R [2017] NSWDC 265

Tyler Fenton v R; Marc Douglas O’Neill v R; Jyles Cousinsv R; Matthew Lolicato v R [2017] NSWDC 265

The applicants failed to establish the basis for a costs certificate as the prosecution, even with all relevant facts, would have been reasonable to institute proceedings; the complainant’s evidence, while subject to reliability issues and mental illness, did not justify a finding that she was very substantially lacking in credit, and there was corroborative evidence supporting her account.

Jurisdiction
Australia
Judgment Date
22 September 2017
Procedural Posture
Application for Certificate for Defence Costs After Nolle Prosequi / Post Prosecution, Decision on Costs Certificate
Outcome
Application for certificate refused
Legal Topics
['defence Costs' 'nolle Prosequi' 'aggravated Sexual Intercourse Without Consent' 'criteria for Costs Certificate' 'onus of Proof' 'finding of Fact']
['criminal Law' 'costs'] ['defence Costs' 'nolle Prosequi' 'aggravated Sexual Intercourse Without Consent' 'criteria for Costs Certificate' 'onus of Proof' 'finding of Fact']

Case Brief

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Procedural Posture

Application for Certificate for Defence Costs After Nolle Prosequi / Post Prosecution, Decision on Costs Certificate

Legal Issues

  1. 1 ['Whether applicants are entitled to a certificate for defence costs after charges were withdrawn' "Whether the prosecution was unreasonable to institute proceedings given all relevant facts, particularly regarding consent and complainant's mental state"]

Ratio Decidendi

The applicants failed to establish the basis for a costs certificate as the prosecution, even with all relevant facts, would have been reasonable to institute proceedings; the complainant’s evidence, while subject to reliability issues and mental illness, did not justify a finding that she was very substantially lacking in credit, and there was corroborative evidence supporting her account.

Court Disposition

Application for certificate refused

Orders

  • ['The application for a certificate is refused.']