R v Grech [2020] NSWDC 510

District Court New South Wales

Medium Neutral Citation: R v Grech [2020] NSWDC 510 Hearing dates: 27 April 2020 Date of orders: 27 April 2020 Decision date: 27 April 2020 Jurisdiction: Civil Before: Buscombe DCJ Decision: Application for costs certificate refused. Catchwords: COSTS —Criminal cases — Costs where Crown directs no further proceedings Legislation Cited: Costs in Criminal Cases Act 1967 (NSW) ss 2, 3, 3A Crimes Act 1900 (NSW) s 530 subs(1) Criminal Appeal Act 1912 (NSW) s 5F subs (3A) Evidence Act 1995 (NSW) ss 85, 90, 138 Surveillance Devices Act 2007 (NSW) Cases Cited: Solomons v District Court of New South Wales (2002) 211 CLR 119 Latoudis v Casey (1990) 170 CLR 534 R v Manley [2000] NSWCCA 196 Allerton v Director of Public Prosecutions (1991) 24 NSWLR 330 Mordaunt v Director of Public Prosecutions [2007] NSWCA 121 R v Fejsa (1995) 82 A Crim R 253 R v Moore [2015] NSWSC 1263 House v The King (1936) 55 CLR 499 Category: Costs Parties: Ms Donna Maree Grech (Applicant) Director of Public Prosecutions (Crown) Representation: Solicitors: Ms C Akthar (Applicant) Mr C Young (Crown) File Number(s): 2015/00241411 Publication restriction: Nil

JUDGMENT 1. HIS HONOUR: Ms Grech who I will refer to as the applicant, has made an application under s 2 of the Costs in Criminal Cases Act which I will refer to as the Costs Act, that I grant to her a certificate under the Act specifying the matters referred to in s 3 of that legislation. I will return to the provisions of the legislation a little later in this judgment.