Picken v Director of Public Prosecutions (NSW) [2021] NSWDC 42

District Court New South Wales

Medium Neutral Citation: Picken v Director of Public Prosecutions (NSW) [2021] NSWDC 42 Hearing dates: 01 March 2021 Date of orders: 01 March 2021 Decision date: 01 March 2021 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph 45 Catchwords: CRIMINAL LAW – costs in criminal cases – certificate – where after commencement of trial, Director of Public Prosecutions directs for no further proceeding to be taken – whether reasonable for prosecution to institute proceedings Legislation Cited: Costs in Criminal Cases Act 1967 (NSW) ss 2, 3, 3A Cases Cited: Cox v R (No.2) [2017] NSWCCA 129 Mordaunt v DPP & Anor (2007) 171 A Crim R 510 R v Fejsa (1995) 82 A Crim R 253 R v Osborne (1969) 90 WN (Pt 1)(NSW) 625 Texts Cited: Nil Category: Costs Parties: Mr Picken (applicant) The Director of Public Prosecutions (respondent) Representation: Counsel: Mr L Nicholls for the applicant Solicitor Advocate for the Director of Public Prosecutions

Solicitors: T Bramble for the applicant File Number(s): 2019/391907 Publication restriction: Nil

EX TEMPORE Judgment

Introduction 1. On 24 February 2021, Mr Picken, the applicant, was arraigned on indictment before a jury. He pleaded not guilty to a primary charge of recklessly causing grievous bodily harm in the company of another. There were two alternative counts on the indictment, for which he also pleaded not guilty. 2. On 25 February 2021, after the complainant had given evidence in chief and during cross-examination of the applicant's counsel, the Director of Public Prosecutions directed that no further proceeding be taken against the applicant, resulting in his discharge. 3. The applicant now makes application for a costs certificate under s 2 of the Costs in Criminal Cases Act 1967 (NSW) (the 'Act').