R v Duffy (No. 2) [2022] NSWDC 388

R v Duffy (No. 2) [2022] NSWDC 388

The certificate was granted because the relevant facts established in the proceedings showed that the Crown case depended on the complainant, who was demonstrated to be very substantially lacking in credit, including as a writer of sexual fiction, and because AG had fabricated evidence concerning the complainant's medical consultation. On those facts, any prosecutor aware of the relevant facts could not reasonably have commenced proceedings, and there was no act or omission of the applicant contributing to the institution of proceedings.

Jurisdiction
Australia
Judgment Date
01 September 2022
Procedural Posture
Criminal Costs Application / Application for Certificate Under S 2 of the Costs in Criminal Cases Act After Acquittal
Outcome
Application granted; certificate for costs granted to the applicant.
Legal Topics
['costs in Criminal Cases' 'certificate for Payment of Costs' 'child Sex Offences' 'acquittal' 'reasonableness of Instituting Proceedings' 'witness Credibility']
['criminal Law' 'costs'] ['costs in Criminal Cases' 'certificate for Payment of Costs' 'child Sex Offences' 'acquittal' 'reasonableness of Instituting Proceedings' 'witness Credibility']

Case Brief

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Procedural Posture

Criminal Costs Application / Application for Certificate Under S 2 of the Costs in Criminal Cases Act After Acquittal

Legal Issues

  1. 1 ['Whether the applicant should be granted a certificate for the payment of costs under s 2(1) of the Costs in Criminal Cases Act.' 'Whether, if the prosecution had been in possession of evidence of all the relevant facts before proceedings were instituted, it would not have been reasonable to institute the proceedings.' 'Whether the complainant was demonstrated to be very substantially lacking in credit.']

Ratio Decidendi

The certificate was granted because the relevant facts established in the proceedings showed that the Crown case depended on the complainant, who was demonstrated to be very substantially lacking in credit, including as a writer of sexual fiction, and because AG had fabricated evidence concerning the complainant's medical consultation. On those facts, any prosecutor aware of the relevant facts could not reasonably have commenced proceedings, and there was no act or omission of the applicant contributing to the institution of proceedings.

Court Disposition

Application granted; certificate for costs granted to the applicant.

Orders

  • ['I grant to the applicant a certificate pursuant to s 2 of the Costs in Criminal Cases Act 1967 in respect of the proceedings resulting in the acquittal the applicant of the offences concerned.' 'That certificate shall specify that: (a) If the prosecution had, before the proceedings were instituted, been in...