Ortiz v R [2020] NSWDC 721

District Court New South Wales

Medium Neutral Citation: Ortiz v R [2020] NSWDC 721 Hearing dates: 30 October 2020 Decision date: 20 November 2020 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Certificate issued pursuant to s 2 of the Costs in Criminal Cases Act 1967. For orders see [38] Catchwords: Word on word case. Crown witness found to be very substantially lacking credit. Legislation Cited: Costs in Criminal Cases Act 1967 Crimes Act 1900 Criminal Procedure Act 2005 Cases Cited: Cox v R (No. 2) [2017] NSWCCA 129 Ede & Ors; Costs in Criminal Cases Applications [2015] NSWDC 41 Mordaunt v DPP [2007] NSWCA 121 Nguyen v R [2020] HCA 23 R v Dunne 12 August 1994, NSWSC unreported R v Johnston [2000] NSWCCA 197 R v Manley (2000) 49 NSWLR 203 Category: Costs Parties: Jose Lopez Ortiz (Applicant) Director of Public Prosecutions (Crown) Representation: Counsel: P Johnson (Applicant) M Heywood (Crown) Solicitors: File Number(s): 18/291874 Publication restriction: Pursuant to s 578A of the Crimes Act 1900, no matter shall be published identifying, or which is likely to identify the complainant.

Judgment 1. Jose Lopez Ortiz applies for a certificate pursuant to the Costs in Criminal Cases Act 1967 ("the Act"). On 14 August 2020 he was arraigned and pleaded not guilty to the following counts on an Indictment. 1. Count 1 - On or about 14 July 2018, at Camperdown in the State of NSW, did have sexual intercourse with BF without his consent and knowing that BF had not consented to the sexual intercourse. This was an offence pursuant to section 61I of the Crimes Act 1900. 1. In the alternative, Count 2 - On or about 14 July 2018, at Camperdown in the State of NSW, did assault BF, and at the time of the assault did commit an act of indecency on BF. This was an alleged offence pursuant to s 61L of the Crimes Act 1900. 1. On 26 August 2020, the jury returned verdicts of not guilty on each count. This application was heard on 30 October 2020.