NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Fagundez (No 2) [2023] NSWDC 526 Hearing dates: 21 November 2023 Decision date: 21 November 2023 Jurisdiction: Criminal Before: Newlinds SC DCJ Decision: 1. In relation to Counts 1 and 2 on the indictment dated 8 March 2023 on which the Accused was arraigned on 20 March 2003, Accused found not guilty.
2. Application of the Accused for a certificate pursuant to s 3 of the Costs in Criminal Cases Act 1967 refused. Catchwords: CRIME – Possession of child abuse material – Mental element – Strict liability offence – Statutory construction – Clear language required – No case to answer – Direction to acquit in judge alone trial – Costs in criminal cases Legislation Cited: Costs in Criminal Cases Act 1967, s 3 Crimes Act 1900, ss 7, 91H(1) – (3), 91HA, 308, 308F(1) – (4) Criminal Procedure Act 1986, s 132(1) Cases Cited: Clark v R [2008] 188 A Crim R 1 DPP v Hughes [2017] NSWSC 492 He Kaw Teh v The Queen [1985] HCA 43, 157 CLR 523 May v O'Sullivan (1995) 92 CLR 654 R v Fagundez (No 1) [2023] NSWDC 508 Category: Principal judgment Parties: Rex (Crown) Carlos Alberto Fagundez (Accused) Representation: Counsel: S Richards (Crown) A Bhasin (Accused)
Solicitors: Office of the Director of Public Prosecutions (Crown) Clover Legal (Accused) File Number(s): 2021/126538 Publication restriction: None
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