R v Singh (No 8) [2023] NSWSC 51

Supreme Court New South Wales

Medium Neutral Citation: R v Singh (No 8) [2023] NSWSC 51 Hearing dates: 2 September 2022 Date of orders: 10 February 2023 Decision date: 10 February 2023 Jurisdiction: Common Law Before: N Adams J Decision: (1) In relation to his acquittal for murder, I grant Kulwinder Singh a certificate under s 2 of the Costs in Criminal Cases Act 1967 (NSW) certifying: (i) If the prosecution had, before the proceedings were instituted, been in possession of evidence of all of the relevant facts, it would not have been reasonable to institute the proceedings, and (ii) That any act or omission of Mr Singh that contributed, or might have contributed, to the institution or continuation of the proceedings was reasonable in the circumstances. (2) The certificate covers the costs of both the 2019 trial and the 2021 trial. Catchwords: CRIMINAL PROCEDURE — Costs — Costs in Criminal Cases Act 1967 (NSW) – murder – whether if prosecution had all relevant facts it would have been reasonable to institute proceedings Legislation Cited: Costs in Criminal Cases Act 1967 (NSW), ss 2, 3, 4 Evidence Act 1995 (NSW), ss 65, 79, 137 Cases Cited: Chahal v Director of Public Prosecutions [2008] NSWCA 152 Cornwell v The Queen (2007) 231 CLR 260; [2007] HCA 12 Mordaunt v Director of Public Prosecutions & Anor [2007] NSWCA 121; (2007) 171 A Crim R 510 R v Johnston [2000] NSWCCA 197 R v Kulwinder Singh (No 1) [2019] NSWSC 1000 R v Moore [2015] NSWSC 1263 R v Pavy (Court of Criminal Appeal, unreported, 9 December 1997) R v Singh (No 2) [2019] NSWSC 1410 R v Singh (No 3) [2020] NSWSC 1911 R v Singh (No 4) [2021] NSWSC 75 R v Singh (No 5) [2021] NSWSC 76 R v Singh (No 6) [2021] NSWSC 213 R v Singh (No 7) [2021] NSWSC 267 Regina v Bernard Lawrence Johnston [2000] NSWCCA 197 Category: Costs Parties: Regina (Crown) Kulwinder Singh (Accused) Representation: Counsel: Mr P Hogan (Crown) Ms M Cunneen SC (Accused)