R v Leung; R v Webster (No. 5) [2022] NSWDC 556

District Court New South Wales

Medium Neutral Citation: R v Leung; R v Webster (No. 5) [2022] NSWDC 556 Hearing dates: 5-8, 11-14, 19-22, 28-29 April 2022, 9-10, 12 May 2022 Date of orders: 12 May 2022 Decision date: 12 May 2022 Jurisdiction: Criminal Before: Neilson DCJ Decision: I grant certificates in accordance with s 2 and 3 of the Costs in Criminal Cases Act 1967 in favour of the First Applicant and the Second Applicant. Catchwords: CRIME – COSTS IN CRIMINAL CASES – Both Applicants found not guilty on all counts in the indictment – No reasonable prospects of success in prosecution – Whether Applicants entitled to their costs in defending the prosecutions. Legislation Cited: Costs in Criminal Cases Act 1967 No 13 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Higgins v R (No 2) [2022] NSWCCA 82 R v Leung [2022] NSWDC 555 R v Leung; R v Webster (No. 1) [2022] NSWDC 137 R v Leung; R v Webster (No. 2) [2022] NSWDC 138 R v Leung; R v Webster (No. 3) [2022] NSWDC 139 R v Leung; R v Webster (No. 4) [2022] NSWDC 553 R v Webster [2022] NSWDC 554 Texts Cited: Nil. Category: Costs Parties: R – Crown First Applicant– Canny Leung Second Applicant – Cameron Stewart Webster Representation: Counsel: Crown – Nil. First Applicant – Boe, A. with O'Neill, C. Second Applicant – Ramrakha, T. Solicitors: Crown – Ms Aresh of the Office of the Director of Public Prosecutions First Applicant– Nyman Gibson Miralis Defence Lawyers and Advisors Second Applicant – LegalAid File Number(s): 2019/276597; 2019/276599 Publication restriction: Nil.