NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Red (No 2) [2021] NSWDC 842 Hearing dates: 10 December 2021 Decision date: 10 December 2021 Jurisdiction: Criminal Before: Coleman SC DCJ Decision: The applicant is granted a certificate under s 2 of the Costs in Criminal Cases Act 1967 (NSW), certifying: (a) 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 (b) That any act or omission of the Applicant that contributed, or might have contributed, to the institution or continuation of the proceedings was reasonable in the circumstances. Catchwords: COSTS – Application for costs in criminal proceedings – Costs in Criminal Cases Act 1967 (NSW) – Test of unreasonableness on behalf of the hypothetical prosecutor – whether the Applicant has satisfied its onus Legislation Cited: Costs in Criminal Cases Act 1967 (NSW), ss 2, 3 Crimes Act 1900 (NSW), ss 95, 98 Criminal Procedure Act 1986 (NSW), s 20 Cases Cited: Allerton v DPP (1991) 24 NSWLR 550 R v Hannah Quinn (No 2) [2021] NSWSC 494 R v Johnston [2000] NSWCCA 197 R v Pavy (1997) 98 A Crim R 296 Category: Costs Parties: Eden James Red (Applicant) Crown (Respondent) Representation: Counsel: Ms L Rowan (Applicant) Mr T Buckingham, Solicitor Advocate (Respondent)
Solicitors: George Sten & Co Lawyers (Applicant) ODPP (Respondent) File Number(s): 2020/00106796
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