Zreika v Director of Public Prosecutions (NSW) [2021] NSWDC 200

District Court New South Wales

Medium Neutral Citation: Zreika v Director of Public Prosecutions (NSW) [2021] NSWDC 200 Hearing dates: 24 May 2021 Date of orders: 25 May 2021 Decision date: 25 May 2021 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph 55 Catchwords: CRIMINAL LAW - costs in criminal cases - certificate - Crown decision to 'no bill' proceeding after applicant's representations - offences constituted by alleged sexual assaults - representations followed delayed disclosure of Cellebrite analysis of data on complainant's mobile phone - whether it would not have been reasonable to institute proceeding if prosecution had in its possession all relevant facts Legislation Cited: Costs in Criminal Cases Act 1967 (NSW) ss 2, 3, 3A Crimes Act 1900 (NSW) s 61I Criminal Procedure Act 1986 (NSW) s 294 Cases Cited: AB v DPP [2014] NSWCCA 122 Mordaunt v DPP & Anor (2007) 171 A Crim R 510 Texts Cited: Nil. Category: Costs Parties: Mr A Zreika (the applicant) Director of Public Prosecutions (NSW) Representation: Counsel: Ms C Davenport SC for the applicant Ms C Dodds for the Director of Public Prosecutions (NSW)

Solicitors: Alpha Law Practice for the applicant Director of Public Prosecutions (NSW) File Number(s): 2019/394031 Publication restriction: Nil.

Judgment

Background 1. Before the Court is an application for a certificate under the Costs in Criminal Cases Act 1967 (NSW) (the 'Act'). The Crown opposes the application. 2. There is no dispute that the applicant has been represented by private legal practitioners since the commencement of the proceeding against him. 3. On 28 August 2020, the applicant was arraigned on two counts of sexual intercourse with his wife without her consent, contrary to s 61I of the Crimes Act 1900 (NSW). On the first count, the alleged sexual assault was said to have occurred on 14 October 2019. On the second count, the alleged sexual assault was said to have occurred in the period from 14 October 2019 to 18 November 2019. 4. On 3 March 2021, following an adjournment of the trial which commenced on 1 March 2021, the Crown prosecutor informed the Court that there would be no further proceedings in respect of the two charges.