R v Hannah Quinn (No 2) [2021] NSWSC 494

Supreme Court New South Wales

Medium Neutral Citation: R v Hannah Quinn (No 2) [2021] NSWSC 494 Hearing dates: 23 April 2021 Date of orders: 7 May 2021 Decision date: 07 May 2021 Jurisdiction: Common Law Before: N Adams J Decision: See [166]. Catchwords: CRIMINAL PROCEDURE — Costs — Costs in Criminal Cases Act 1967 (NSW) – where trial judge directed a verdict of not guilty to the charge of murder – whether if prosecution had all relevant facts it would have been reasonable to institute proceedings – whether an issue of credibility or reliability – where evidence of key witness was unreliable and internally inconsistent – where Crown opposed cross-examination of the witness at committal hearing – where witness was suffering mental health issues – where witness made allegations about the conduct of the Crown Prosecutor – where witness not called at trial – whether Crown case significantly weakened by evidentiary rulings – whether verdict by direction wrong – certificate granted Legislation Cited: Costs in Criminal Cases Act 1967 (NSW), ss 2, 3, 3A 4 Criminal Procedure Act 1986 (NSW), ss 82, 141, 298 Evidence Act 1995 (NSW), ss 18, 55, 65, 128, 137 Legal Aid Commission Act 1979 (NSW), s 42 Cases Cited: Beatson v R [2015] NSWCCA 17 Chahal v DPP [2008] NSWCA 152; (2008) 185 A Crim R 580 McAuliffe v The Queen (1995) 183 CLR 108; [1995] HCA 37 Mordaunt v Director of Public Prosecutions & Anor [2007] NSWCA 121; (2007) 171 A Crim R 510 R v Blake Davis [2021] NSWSC 235 R v Davis and Quinn (No 1) [2020] NSWSC 1615 R v Davis and Quinn (No 4) [2020] NSWSC 1800 R v Hannah Quinn (No 1) [2021] NSWSC 493 R v Hawat (No 6) [2020] NSWSC 532 R v Johnston [2000] NSWCCA 197 R v Loeung (No 2) [2019] NSWSC 1691 R v Moore [2015] NSWSC 1263 R v Pavy (Court of Criminal Appeal, unreported, 9 December 1997) Regina v Jonathon Harold Manley (2000) 49 NSWLR 203; [2000] NSWCCA 196 Category: Costs Parties: Regina (Crown) Hannah Quinn (Accused) Representation: Counsel: Mr C Taylor/Ms G Edwards (Crown) Mr T Hughes (Hannah Quinn)