CBM v R [2020] NSWDC 507

District Court New South Wales

Medium Neutral Citation: CBM v R [2020] NSWDC 507 Hearing dates: 10 – 12, 18 – 20 August 2020 Date of orders: 20 August 2020 Decision date: 20 August 2020 Jurisdiction: Criminal Before: Wass SC DCJ Decision: I am satisfied that had the prosecution been in possession of all evidence of all relevant facts it would not have been reasonable to institute the proceedings and that any act or omission of the applicant that contributed, or might have contributed, to the institution or continuation of the proceedings was reasonable in the circumstances and accordingly, I grant the certificate. Catchwords: CRIMINAL PROCEDURE — Costs — Costs in Criminal Cases Act 1967 (NSW) — Not Guilty Verdict — Judge Alone Trial — No Real Prospects — Conviction was Never a Realistic Possibility — Unreasonable Institution of Proceedings — Confirmation Bias Legislation Cited: Costs in Criminal Cases Act 1967 (NSW) Category: Costs Parties: CBM (Applicant) Director of Public Prosecutions (Crown) Representation: Counsel: Mr P Massey (Applicant) Mr W Creasey SC (Crown)

Solicitors: Greg Tyler & Associates (Applicant) Director of Public Prosecutions (Crown)

File Number(s): 2018/00340573 Publication restriction: Statutory Non-Publication Order regarding name of injured child known as 'CM'. Applicant to be referred to as 'CBM' in all material.

Judgment

Introduction 1. There is a non-publication order in respect of the name of the child, who is referred to as 'CM' and accordingly, given the direct relationship between her and the applicant, he is referred to as 'CBM'. 2. The Crown brought one count on the indictment, that CBM on 3 June 2018 at Raymond Terrace in the State of New South Wales did cause grievous bodily harm to CM and was reckless as to causing her actual bodily harm. I found CBM not guilty after the Crown offered no evidence on 19 August 2020, the fifth day of the trial. 3. Mr Massey, who appeared for CBM in the trial, makes an application on a Notice of Motion for a certificate pursuant to s 2 of the Costs in Criminal Cases Act 1967 (NSW).