NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Godfrey (No 6) [2024] NSWSC 181 Hearing dates: 5 February 2024 Date of orders: 29 February 2024 Decision date: 29 February 2024 Jurisdiction: Common Law Before: Cavanagh J Decision: The application for a certificate pursuant to s 2 of the Costs in Criminal Cases Act 1967 (NSW) is dismissed. Catchwords: CRIMINAL PROCEDURE — Costs — application for certificate pursuant to Costs in Criminal Cases Act 1967 (NSW) – where applicant charged with murder – where the Crown subsequently accepted the applicant's plea of guilty to manslaughter on the basis of excessive self-defence – whether it was reasonable for the Crown to institute proceedings for murder Legislation Cited: Crimes Act 1900 (NSW), ss 18, 421 Costs in Criminal Cases Act 1967 (NSW), ss 2, 3 Cases Cited: R v Godfrey [2023] NSWSC 1312 R v Johnston [2000] NSWCCA 197 R v Fejsa (1995) 82 A Crim R 253 Mordaunt v Director of Public Prosecutions (2007) 171 A Crim R 510 Allerton v Director of Public Prosecutions (1991) 24 NSWLR 550 Beatson v R [2015] NSWCCA 17 R v Manley (2000) 49 NSWLR 203 Category: Costs Parties: Connor Godfrey (Applicant) Rex (Respondent) Representation: Counsel: M Smith (Applicant) M Hay (Respondent)
Solicitors: Grover Law (Applicant) Director of Public Prosecutions (Respondent) File Number(s): 2021/00093122 Publication restriction: None
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