15 Nov 2005
The application for leave to apply for costs out of time was refused because the three‑year delay lacked a good explanation, applications for costs are not sufficiently complex to justify such delay, the applicant had representation yet did not apply earlier, and the substantive merit for costs was weak given the appeal succeeded only on a technical ground.
17 Nov 1998
The application for costs was refused on the merits: at retrial the allegedly omitted witness gave wholly unfavourable evidence that contributed to conviction, the applicant must have known retrial would likely result in reconviction, and therefore there was no basis to award costs; the court did not need to decide whether it was functus officio.
16 Nov 1992
The Court applied the Galbraith test, held that the respondent's act of hiding the pistol did not necessarily amount to abandonment and that there was evidence from which a properly directed jury might infer possession and intent; therefore the trial judge erred in discharging the accused and the acquittal was quashed with a retrial ordered.