R v CT [2023] NSWDC 31

District Court New South Wales

Medium Neutral Citation: R v CT [2023] NSWDC 31 Hearing dates: Trial 15.08.2022- 22.08.2022 Costs Application- 23.11.2022 Date of orders: 17 February 2023 Decision date: 17 February 2023 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: See [51] Catchwords: CRIME- Application for costs following not guilty verdict. Legislation Cited: Costs in Criminal Cases Act 1967 (NSW) Cases Cited: A v New South Wales (2007) 233 ALR 584 Allerton v DPP (1991) 24 NSWLR 550 Cox v The Queen (No 2) [2017] NSWCCA 129 Latoudis v Casey (1990) 170 CLR 534 Mordaunt v Director of Public Prosecutions [2007] NSWCCA 121 R v Fesja (1995) 82 A Crim R 253 R v Greentree [2019] NSWSC 216 R v Johnston [2000] NSWCCA 197 R v Manley (2000) 49 NSWLR 203 R v Pavey (1997) 98 A Crim R 396 Category: Costs Parties: CT Rex Representation: Solicitors: Mr E Conditsis (Applicant) Mr S Burton (ODPP) File Number(s): 2018/348114 Publication restriction: Identification of the applicant, his former partners, or the complainants.

Judgment

Introduction 1. The applicant was tried before a jury of 12 in August 2022 in relation to a single count of commit an act of indecency with a person then under the age of 10 years, namely, 4 years of age in contravention of s61O(2) Crimes Act 1900. 2. The jury returned a not guilty verdict and immediately thereafter Mr Conditsis flagged that the applicant would be making an application under the Costs in Criminal Cases Act 1967 (the Act). 3. By Notice of Motion dated 11 November 2022 the applicant made an application for a certificate pursuant to sections 2-3 of the Act. The application was listed for hearing before me on 23 November 2022. 4. The Crown opposes the grant of a certificate.