R v Williams [2022] NSWSC 1097

Supreme Court New South Wales

Medium Neutral Citation: R v Williams [2022] NSWSC 1097 Hearing dates: On the papers Date of orders: 18 August 2022 Decision date: 18 August 2022 Jurisdiction: Common Law - Criminal Before: Garling J Decision: The application is refused. Catchwords: CRIMINAL PROCEDURE — costs — costs in Criminal Cases Act 1967 (NSW) — applicant acquitted after jury trial — whether proceedings instituted reasonably — lengthy period of investigation — causation and self-defence left to jury — proceedings not instituted unreasonably Legislation Cited: Costs in Criminal Cases Act 1967 ss 2, 3, 3A, 4 Crimes Act 1900 ss 418, 421 Cases Cited: Mordaunt v DPP (NSW) [2007] NSWCA 121 Texts Cited: Not applicable Category: Costs Parties: The Crown Clinton Brian Williams (Applicant) Representation: Counsel: G Harrison / J Mehta (Crown) S Lawrence (Applicant)

Solicitors: Office of the Director of Public Prosecutions (Crown) Lloyd Law (Applicant) File Number(s): 2020/308240 Publication restriction: Not applicable

Judgment 1. On 2 June 2022, Clinton Brian Williams ("the applicant") was acquitted by a jury of murder and, in the alternative, manslaughter. 2. After the jury returned with their verdict of not guilty, the applicant applied for a certificate under s 3 of the Costs in Criminal Cases Act 1967 ("the Act"). 3. I directed that the parties put on any additional evidence they wished to rely upon in respect of the application, and any submissions. They did so and, having considered that material, I determined on 4 July 2022 that no oral hearing was required in this matter. 4. These are my reasons for judgment on the application.