R v Tsakirios [2021] NSWDC 461

District Court New South Wales

Medium Neutral Citation: R v Tsakirios [2021] NSWDC 461 Hearing dates: 12 August 2021 Date of orders: 6 September 2021 Decision date: 06 September 2021 Jurisdiction: Criminal Before: Coleman SC DCJ Decision: 1 I grant the applicant a Certificate under s 2 of the Costs in Criminal Cases Act 1967 (NSW), certifying: (a) If the prosecution had, before the proceedings were instituted, been in possession of evidence of all of the relevant facts, it would not have been reasonable to institute the proceedings, and (b) 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. Catchwords: COSTS – Application for Costs in Criminal Proceedings – Costs in Criminal Cases Act 1967 (NSW) – Test of Unreasonableness on behalf of the Hypothetical Prosecutor – Whether the Applicant has Satisfied its Onus Legislation Cited: Costs in Criminal Cases Act 1967 (NSW) ss 2, 2(1)(a), 3, 3(1)(a), 3(1)(b) Crimes Act 1900 (NSW) s 97(2) Evidence Act 1995 (NSW) s 165(1)(b) Cases Cited: Allerton v DPP (1991) 24 NSWLR 550 Beatson v R [2015] NSWCCA 17 Fitzgerald v R [2016] HCA 28 The Queen v Baden‑Clay (2016) 258 CLR 308 The Queen v Hillier (2007) 228 CLR 618 R v Pavy (1997) 98 A Crim R 296 R v Johnston [2000] NSWCCA 197 Texts Cited: N/A Category: Costs Parties: Crown (Respondent) Terry Tsakirios (Applicant) Representation: Counsel: Ms M Aresh (Respondent) Mr R Pettit (Applicant)