R v COWLED; R v WILSON [2023] NSWDC 162

District Court New South Wales

Medium Neutral Citation: R v COWLED; R v WILSON [2023] NSWDC 162 Hearing dates: 20 February 2023 Date of orders: 19 May 2023 Decision date: 19 May 2023 Jurisdiction: Criminal Before: Lerve DCJ Decision: Each of the applicants granted a certificate pursuant to section 2 of the Costs in Criminal Cases Act, 1967 Catchwords: COSTS – criminal cases – costs in proceedings for indictable offences – no further proceedings directed prior to trial – no hearing on merits – whether the applicants demonstrated that it was not reasonable for the Crown to bring proceedings – test a to reasonableness Legislation Cited: Costs in Criminal Cases Act, 1967 Crimes Act, 1900 Criminal Procedure Act, 1986 Evidence Act, 1995 Cases Cited: Jackman (a pseudonym) v R [2020] NSWCCA 150 Maughan v R [2020] NSWCCA 51 Mordaunt v Director of Public Prosecutions (2007) 171 A Crim r 510; [2007] NSWCA 121 Nadilo v DPP & anor (1995) 77 A Crim R 537 Pavy v R (1997) 98 A Crim R 396 R v Manley (2000) 112 A Crim R 570 Category: Costs Parties: Rex Haydn John COWLED Simon James WILSON Representation: Counsel:

Ms T O'Rourke, for the offender Cowled Mr S Lawrence, for the offender Wilson

Solicitors:

Ms L Hanshaw, for the Director of Public Prosecutions Mr Z Tankard for the offender Cowled Mr J Weir for the offender Wilson File Number(s): 2021/00220813 (Cowled) 2021/00207787 (Wilson) Publication restriction: There must be no publication of the name of the complainant or anything that might identify her.