Commonwealth Director of Public Prosecutions v Sanders [2021] NFSC 1

SUPREME COURT OF NORFOLK ISLAND

Commonwealth Director of Public Prosecutions v Sanders [2021] NFSC 1 File number: SCA 1 of 2020

Judgment of: BESANKO CJ

Date of judgment: 4 March 2021

Catchwords: COSTS — application for costs of an application for leave to appeal from orders made by the Court of Petty Sessions — where application discontinued by the Commonwealth Director of Public Prosecutions — where s 6(3) of the Supreme Court Act 1960 (NI) provides that the power to award costs does not affect the practice that would otherwise be followed in a criminal proceeding or matter — where the general practice is that costs are not awarded for or against the Crown in a criminal proceeding — no exceptional circumstances justifying a departure from the general practice — application refused

Legislation: Federal Proceedings (Costs) Act 1981 (Cth) Court of Petty Sessions Act 1960 (NI) ss 230, 234 Supreme Court Act 1933 (ACT) s 23 Supreme Court Act 1960 (NI) s 6 Court Procedures Rules 2006 (ACT) r 6

Cases cited: Byrnes v Barry & John Fairfax Publications Pty Ltd [2004] ACTCA 24; (2004) 150 A Crim R 471 Director of Public Prosecutions (Commonwealth) v Brady [2019] VSC 397; (2019) 58 VR 628 R v Goia (1988) 81 ALR 656; (1988) 19 FCR 212 R v J (1983) 49 ALR 376 R v Martin [1984] HCA 23; (1984) 58 ALJR 217 R v Payara [2012] VSCA 266; (2012) 36 VR 326 R v Whitworth [1988] HCA 20; (1988) 164 CLR 500 Wright, Danci & Currie (1992) 77 A Crim R 67