R v McIver (No. 2) [2022] NSWDC 754

District Court New South Wales

Medium Neutral Citation: R v McIver (No. 2) [2022] NSWDC 754 Hearing dates: 11 March 2022 Date of orders: 14 April 2022 Decision date: 14 April 2022 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: (1) The application for a certificate pursuant to s 2 Costs in Criminal Cases Act 1967 extending to proceedings before Whitford SC DCJ, the proceedings before Judge N Williams, the proceedings before the Court of Criminal Appeal and before Hanley SC DCJ for the determination of bail is refused. (2) Grant a certificate pursuant to that provision in respect of the trial that was conducted before me leading to the acquittal of the accused. Catchwords: CRIMINAL PROCEDURE — Costs — Costs in Criminal Cases Act 1967 (NSW) Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Criminal Procedure Act 1986 District Court Act 1973 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 Suitors' Fund Act 1951 Cases Cited: Allerton v the Director of Public Prosecutions (1991) 24 NSWLR 550 Director of Public Prosecutions NSW v RDT (No 2) [2019] NSWCCA 66 McIver v R [2020] NSWCCA 343 Mordaunt v the Director of Public Prosecutions and Anor [2007] NSWCCA 121 Pavy (1997) 98 A Crim R 396 R v Carbona [2002] NSWSC 823 R v Hanna Quinn (No 2) [2021] NSWSC 494 R v Johnston [2000] NSWCCA 197 R v Manly [2000] NSWCCA 196 R v Manly (2000) 49 NSWLR 203 R v McIver [2019] NSWDC 672 R v McIver [2021] NSWDC 595 R v Pavy (1997) 98 A Crim R 396 Ramskogler v The Director of Public Prosecutions (1995) 82 A Crim R 128 Solomons v District Court of New South Wales (2002) 192 ALR 217 Category: Costs Parties: Regina (Crown) John Dalziel McIver (accused) Representation: Anthony McCarthy (Crown Prosecutor) Linda McSpedden (Counsel for the accused)