R v K [2022] NSWDC 310

District Court New South Wales

Medium Neutral Citation: R v K [2022] NSWDC 310 Hearing dates: 8 April 2022 Date of orders: 14 July 2022 Decision date: 14 July 2022 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: See [101] Catchwords: CRIMINAL LAW – Costs – Application for certificate under s 2 of the Costs in Criminal Cases Act 1967 (NSW) (the 1967 Act) – Where applicant found not guilty on all counts – Where the Crown was faced with issues as to the complainant's credibility – Where aspects of the complainant's account contradicted by facts and inextricably linked the offending behaviour – Implausible – Certificate pursuant to s 2 of the 1967 Act granted Legislation Cited: Costs in Criminal Cases Act 1967 (NSW) ss 2, 3, 3A Crimes Act 1900 (NSW) ss 66A, 66B Criminal Procedure Act 1986 (NSW) ss 294, 294AA Cases Cited: Dao v R (No 3) [2016] NSWCCA 282 R v Dunne (Supreme Court of NSW, 0865 of 1989, 17 May 1990 unrep) Cox v R (No 2) [2017] NSWCCA 129 Category: Costs Parties: K (the Applicant) Regina (the Crown) Representation: Counsel: Ms T. O'Rourke (the Applicant) Mr D. Coulton (the Crown)

Solicitors: Legal Aid NSW (the Applicant) Director of Public Prosecutions (the Crown) File Number(s): 2021/00053106 Publication restriction: As appropriate, s 15A of the Children (Criminal Proceedings) Act 1987 (NSW) and s 578 of the Crimes Act 1900 (NSW) apply in relation to any information that will or is likely to reveal the identity of the complainant. The following pseudonyms are used: K as a reference to the applicant and A and B as a reference to the complainants sisters.