V (a child) v Constable Joshua Hedges [2011] NSWSC 232

V (a child) v Constable Joshua Hedges [2011] NSWSC 232

The magistrate erred by not treating each offence as a separate proceeding and by not considering an order for costs in relation to the charge where there was no prima facie case; the costs application dismissal for the s 58 offence was therefore quashed and remitted.

Jurisdiction
Australia
Judgment Date
30 March 2011
Procedural Posture
Judicial Review Application / Judgment on Application to Quash and Remit Costs Order
Outcome
Application granted in part; order dismissing costs application in respect of s 58 charge quashed; proceedings for the s 58 charge remitted for determination of plaintiff's costs application.
Legal Topics
['costs in Criminal Proceedings' "children's Court Procedure" 'judicial Review']
['criminal Law' 'civil Procedure'] ['costs in Criminal Proceedings' "children's Court Procedure" 'judicial Review']

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Procedural Posture

Judicial Review Application / Judgment on Application to Quash and Remit Costs Order

Legal Issues

  1. 1 ["Whether the magistrate erred in dismissing the plaintiff's application for costs after withdrawal and dismissal of criminal charges in the Children's Court" 'Whether there was a prima facie case in relation to each of the charges' 'Whether the proceedings were initiated without reasonable cause for the purposes of s 214(1)(b) Criminal Procedure Act 1986']

Ratio Decidendi

The magistrate erred by not treating each offence as a separate proceeding and by not considering an order for costs in relation to the charge where there was no prima facie case; the costs application dismissal for the s 58 offence was therefore quashed and remitted.

Court Disposition

Application granted in part; order dismissing costs application in respect of s 58 charge quashed; proceedings for the s 58 charge remitted for determination of plaintiff's costs application.

Orders

  • ["The plaintiff be referred to in these proceedings by the pseudonym 'V'" "Pursuant to s 69 of the Supreme Court Act 1970, the Children's Court order dismissing the plaintiff's application for costs is quashed as it relates to the s 58 offence" "Proceedings concerning the s 58 offence are remitted to the Children's...