Luo v R [2024] NSWCCA 58

Luo v R [2024] NSWCCA 58

The District Court did not err in refusing a costs certificate. The Crown had proved beyond reasonable doubt the factual elements of manslaughter by criminal negligence other than the evaluative element that the applicant's conduct was so wicked as to merit criminal punishment. The failure to prove that final element did not mean the prosecution was unreasonable to institute or continue; that evaluative question was properly placed before a tribunal of fact and could conceivably have been decided differently. The proposed additional evidence was not fresh and did not show that the verdict or costs determination miscarried.

Jurisdiction
Australia
Judgment Date
03 May 2024
Procedural Posture
Criminal Appeal Concerning Refusal of Costs Certificate After Acquittal / Application for Leave to Appeal Against Interlocutory Judgment or Order Under S 5 F(3)(a) of the Criminal Appeal Act 1912 (nsw), With Application to Adduce Additional Evidence
Outcome
Leave granted on a limited issue; leave to adduce additional evidence refused; appeal dismissed.
Legal Topics
['costs in Criminal Cases' 'costs Certificate' 'manslaughter by Criminal Negligence' 'interlocutory Appeal' 'leave to Appeal' 'additional Evidence']
['criminal Law' 'criminal Procedure' 'costs'] ['costs in Criminal Cases' 'costs Certificate' 'manslaughter by Criminal Negligence' 'interlocutory Appeal' 'leave to Appeal' 'additional Evidence']

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Procedural Posture

Criminal Appeal Concerning Refusal of Costs Certificate After Acquittal / Application for Leave to Appeal Against Interlocutory Judgment or Order Under S 5 F(3)(a) of the Criminal Appeal Act 1912 (nsw), With Application to Adduce Additional Evidence

Legal Issues

  1. 1 ["Whether leave should be granted to challenge the District Court's refusal to grant a certificate under s 2 of the Costs in Criminal Cases Act 1967 (NSW)." 'Whether the District Court erred in concluding that it was not unreasonable to institute and continue the prosecution of the applicant for manslaughter.' 'Whether the applicant should be granted leave to adduce additional evidence consisting of alternative translations of primary evidence.']

Ratio Decidendi

The District Court did not err in refusing a costs certificate. The Crown had proved beyond reasonable doubt the factual elements of manslaughter by criminal negligence other than the evaluative element that the applicant's conduct was so wicked as to merit criminal punishment. The failure to prove that final element did not mean the prosecution was unreasonable to institute or continue; that evaluative question was properly placed before a tribunal of fact and could conceivably have been decided differently. The proposed additional evidence was not fresh and did not show that the verdict or costs determination miscarried.

Court Disposition

Leave granted on a limited issue; leave to adduce additional evidence refused; appeal dismissed.

Orders

  • ['Grant leave to argue error in the refusal of the District Court to grant a certificate pursuant to s 2 of the Costs in Criminal Cases Act 1967 (NSW).' 'Refuse leave to adduce additional evidence.' 'Dismiss the appeal.']