R v Kopacz [2023] NSWDC 160

District Court New South Wales

Medium Neutral Citation: R v Kopacz [2023] NSWDC 160 Hearing dates: In Chambers outcome: Applicant's written submissions 4 May 2023 Respondent's written submissions 17 May 2023 Date of orders: 19 May 2023 Decision date: 19 May 2023 Jurisdiction: Criminal Before: Grant DCJ Decision: The application for the certificate is granted. Catchwords: Criminal procedure – costs – application for certificate under Costs in Criminal Cases Act 1967 – single complainant no independent evidence – accused found not guilty in Victoria with NSW allegations led as tendency evidence – apart from tendency and location no difference in the trials – Crown prosecutor knew before commencement of trial Victorian jury had not accepted complainant as an honest and reliable witness – institution of proceedings unreasonable – certificate granted Legislation Cited: Costs in Criminal Cases Act (1967) NSW Criminal Procedure Act 1986 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 Cases Cited: AB v Director of Public Prosecutions (NSW) [2014] NSWCA 122 Allerton v DPP (1991) 24 NSWLR 550 Mordaunt v DPP [2007] NSWCA 121; 171 A Crim R 510 R v Fesja (1995) 82 A Crim R 253 R v Manley [2000] NSWCCA 196; 49 NSWLR 203 R v Moore [2015] NSWSC 1263 R v Warick Ian MacFarlane (Supreme Court (NSW), 12 August 1994, unrep) Category: Costs Parties: Daniel David Kopacz (Applicant) Director of Public Prosecutions (NSW) (Respondent) Representation: Counsel: Dr Webb (Applicant) Mr Pincott (Respondent)