15 Dec 2015
The court held that the appellant's own evidence produced suspicious circumstances sufficient to justify the magistrate's refusal to award costs; the cautioned statement ruled inadmissible could not be relied upon because it was excluded due to doubts about the credibility of the officer; accordingly the appeal against refusal of costs was dismissed.
26 Sept 2014
The High Court held that the trial judge lawfully exercised his discretion to refuse costs because the applicant, an experienced police officer, knew or ought to have known of the victim's marked intellectual disability and went to her flat when no family members were present, conduct which legitimately brought suspicion upon him and misled the prosecution as to the strength of the case; those positive reasons justified refusal of costs on all counts and refusal was not inconsistent with the acquittal.
27 Sept 2006
The court allowed the appeal and set aside the magistrate's refusal because on rehearing, including additional photographs and review of the trial conduct, the acquittal was not the result of a late meritless technical defence and the magistrate misapplied his discretion by overemphasising late disclosure and change of tactic; accordingly costs of and occasioned by the relevant summons must be awarded.