R v SE & ORS (No 2) [2023] NSWDC 311

District Court New South Wales

Medium Neutral Citation: R v SE & ORS (No 2) [2023] NSWDC 311 Hearing dates: 23 June 2023 Date of orders: 27 July 2023 Decision date: 27 July 2023 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Accused - SE and JW The notice of motion in each of the two legally aided Accused cases, SE and JW, seeking such a stay is dismissed. Accused - RL Proceedings against the Accused RL on the second indictment be stayed unless and until the Director of Public Prosecutions pays to him or at his direction the sum of $131,150 (inclusive of GST). Accused - JT Proceedings against the Accused JT on the second indictment be stayed unless and until the Director of Public Prosecutions pays to him or at his direction the sum of $75,075 (inclusive of GST). Catchwords: CRIMINAL PROCEDURE – Stay of Proceedings – "Mosely Stay" following filing of ex officio indictment after nolle prosequi – Privately funded accused versus legally aided accused Legislation Cited: Costs in Criminal Cases Act 1967 Evidence Act 1995 (NSW) Legal Aid Commission Act 1979 Cases Cited: Petroulias v The Queen [2007] NSWCCA 154 R v Beeby (1999) 104 A Crim R 142 R v Bucksath [2000] NSWCCA 135; 114 A Crim R 1 R v Bui [2011] ACTSC 102 R v Issakidis [2015] NSWSC 834 R v Mosely (1992) 28 NSWLR 735 R v Rodden (Costs) [2022] NSWSC 1230 R v Selim [2007] NSWSC 154 R v SGH [2023] NSWDC 66 R v Sparos (No.2) NSWSC 1462 R v Ulman-Naruniec [2003] SASC 437; 143 A Crim R 531 Regina v Fisher [2003] NSWCCA 41 Category: Costs Parties: Rex SE (Accused) MH (Accused) RL (Accused) JW (Accused) JT (Accused) Representation: Ms M Knowles (Rex) Mr Grippi (SE) Mr Ayache (RL) Mr Saddick (JT and MH) Mr Ryan (JW) File Number(s): SE: 2021/00022321 MH: 2020/00343114 RKL: 2020/00343137 JW: 2020/00343151 JT: 2020/00343217 Publication restriction: No non-publication order has been made, however, initials are used for the Accused as there is a pending trial.