R v DS [2022] NSWDC 441

District Court New South Wales

Medium Neutral Citation: R v DS [2022] NSWDC 441 Hearing dates: 19 September 2022, 26 September 2022 Date of orders: 26 September 2022 Decision date: 26 September 2022 Jurisdiction: Criminal Before: Wass SC DCJ Decision: Costs certificate granted Catchwords: CRIMINAL PROCEDURE — Costs — Costs in Criminal Cases Act 1967 (NSW) Legislation Cited: Costs in Criminal Cases Act 1967 (NSW). Criminal Procedure Act 1986 (NSW). Cases Cited: Allerton v Director of Public Prosecutions (1991) 24 NSWLR 550; Mordaunt v Director of Public Prosecutions & Anor (2007) NSWCA 121; Nadilo v Director of Public Prosecutions (1995) 35 NSWLR 738; R v Dunne (Supreme Court of New South Wales, Hunt J, 17 May 1990); R v Manley [2000] NSWCCA 196. Category: Costs Parties: DS (Applicant) Office of the Director of Public Prosecutions (Respondent) Representation: Counsel: Ms M Cusack (Applicant) Ms K Biffin (Respondent)

Solicitors: Ms T Vakauta (Applicant) Ms K Biffin (Respondent) File Number(s): DC 2020/238421 Publication restriction: Publication restriction against the name of the Applicant.

JUDGMENT

Introduction 1. On 19 September 2022 in Lismore, a jury acquitted the Applicant on three counts on an indictment presented on 12 September 2022, alleging serious sexual assaults. 2. The three verdicts of Not Guilty were delivered by the jury after 25 minutes of deliberation. For reasons I will come to, the verdict came in my view with befitting alacrity. 3. The Applicant makes an application for a costs certificate pursuant to the Costs in Criminal Cases Act 1967 (NSW) ("the Act"). 4. The Crown opposes the application. 5. The parties rely only on the material tendered in the trial.