DM v R (No. 2) [2021] NSWDC 814

District Court New South Wales

Medium Neutral Citation: DM v R (No. 2) [2021] NSWDC 814 Hearing dates: 14 October 2021 Date of orders: 14 October 2021 Decision date: 14 October 2021 Jurisdiction: Civil Before: Neilson DCJ Decision: I order the Crown to pay to the Appellant's solicitor within 28 days the sum of $40,568 on account of the applicant's costs in this Court and in the Local Court. Catchwords: CRIME – COSTS IN CRIMINAL CASES – Whether there was a reasonable prospect of conviction – Whether the conflicting evidence by the complainant, the complainants mother, and the lack of evidence sought from and given by RM indicated that there was no reasonable prospect of conviction – Whether the credibility of the Appellant indicated the prospect of the truth of the complaint. CRIME – COSTS IN CRIMINAL CASES – QUANTUM – Whether costs in both Local Court proceedings and District Court proceedings recoverable – Whether costs of Queens Counsel, Junior Counsel, and Solicitors recoverable – Whether printing costs recoverable. Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Criminal Procedure Act 1986 (NSW) Cases Cited: Cliftleigh Haulage Pty Ltd v Byron Shire Council [2007] NSWCCA 13 DM v R (No. 1) [2020] NSWDC 813 Fisher v R (No 2) [2020] NSWDC 2 Kanan v Australian Postal and Telecommunications Union (1992) 43 IR 257 Texts Cited: Nil. Category: Costs Parties: R – Crown Appellant – DM Representation: Appellant – James, G. QC, Searson R – Office of the Director of Public Prosecutions (NSW) File Number(s): 2020/00238290. Publication restriction: Nil.