R v Hardy [2021] NSWDC 663

District Court New South Wales

Medium Neutral Citation: R v Hardy [2021] NSWDC 663 Date of orders: 17 February 2021 Decision date: 17 February 2021 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: 1. Pursuant to s 2 Costs in Criminal Cases Act 1967, I grant Marc David Hardy a certificate for the charges to which he stood trial in this matter. 2. Pursuant to s 3 Costs in Criminal Cases Act 1967, I certify that in my opinion: a. If the prosecution had, before the proceedings against the said Marc David Hardy were instituted, been in possession of evidence of all the relevant facts, it would not have been reasonable to institute proceedings and b. any act or omission of the said Marc David Hardy that contributed, or might have contributed, to the institution or continuation of the proceedings was reasonable in the circumstances. Catchwords: CRIMINAL PROCEDURE — Costs — Costs in Criminal Cases Act 1967 (NSW) Legislation Cited: Crimes Act 1900 Evidence Act 1995 Costs in Criminal Cases Act 1967 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 Category: Principal judgment Parties: Regina (Crown) Marc David Hardy (accused) Representation: Craig Evans (Crown Prosecutor) Troy Edwards (Counsel for the accused)

Director of Public Prosecutions (NSW) (Crown) Armstrong Legal (solicitors for the accused) File Number(s): 2018/00075748 Publication restriction: Statutory non-publication order for the name of the complainant