R v Forbes (No 2) [2020] NSWDC 439

District Court New South Wales

Medium Neutral Citation: R v Forbes (No 2) [2020] NSWDC 439 Hearing dates: 24 July 2020 Date of orders: 5 August 2020 Decision date: 05 August 2020 Jurisdiction: Criminal Before: Bright DCJ Decision: Application for a certificate pursuant to section 2, Costs in Criminal Cases Act granted. Catchwords: CRIMINAL PROCEDURE – Costs – Costs in Criminal Cases Act 1967 (NSW) Legislation Cited: Costs in Criminal Cases Act 1967 (NSW), ss 2, 3, 3A Criminal Procedure Act 1986 (NSW), s 132 Crimes Act 1900 (NSW), s 60(3) Cases Cited: R v Johnston [2000] NSWCCA 197 R v Forbes [2019] NSWDC 851 Category: Costs Parties: David Forbes (Applicant) Regina (Respondent) Representation: Counsel: Mr W Tuckey (Applicant) Mr J Peach (Respondent) File Number(s): 2017/00128235 Publication restriction: Nil

Judgment 1. On 27 May 2019 David Forbes, the applicant, appeared before the Gosford District Court for trial. The applicant was arraigned on an indictment in the following terms: "On or about 30 April 2017, in Watanobbi in the State of New South Wales, did wound Constable Alexander TOCKUSS, a police officer acting in the execution of his duty, and was reckless as to causing actual bodily harm to Constable Alexander TOCKUSS or to any other person."(section 60(3), Crimes Act). 1. A judge alone election had been filed pursuant to section 132, Criminal Procedure Act 1986 (NSW). The Crown consented to the judge alone election and accordingly, the trial proceeded as a judge alone trial. 2. The trial proceeded on 27, 28, 31 May 2019, 5 July 2019, 20 September 2019, 8, 27 and 28 November 2019. 3. On 5 December 2019, I found the applicant not guilty (R v Forbes [2019] NSWDC 851). 4. The applicant now makes an application for a certificate pursuant to the Costs in Criminal Cases Act 1967 (NSW) (the "Act").