R v DG [2024] NSWDC 72

District Court New South Wales

Medium Neutral Citation: R v DG [2024] NSWDC 72 Hearing dates: On the papers Date of orders: 15 March 2024 Decision date: 15 March 2024 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Application allowed. For orders see [44] Catchwords: Criminal procedure – costs – application for certificate pursuant Costs in Criminal Cases Act 1967 Legislation Cited: Costs in Criminal Cases Act 1967 Evidence Act 1995 Cases Cited: Constantinidis v R; Lazar v R (Costs) [2022] NSWCCA 248 Cox v R (No. 2) [2017] NSWCCA 129 Fejsa v R (1995) 82 A Crim R 253 Higgins v R (No. 2) [2022] NSWCCA 82 Mordaunt v DPP [2007] NSWCCA 121 R v Johnston [2000] NSWCCA 197 R v Manley (2000) 49 NSWLR 203; [2000] NSWCCA 196 Category: Costs Parties: DG (Applicant) Director of Public Prosecutions (Respondent) Representation: Counsel: N Carroll (Applicant) T McCarthy (Respondent)

Solicitors: M Sten (Applicant) L Velcic (Respondent) File Number(s): 2020/00007835 Publication restriction: s15A of the Children (Criminal Proceedings) Act 1987 prohibits the publication of the name of the complainant

JUDGMENT on costs application 1. The applicant seeks an order that the court grant a certificate pursuant to s2(1)(a) of the Costs in Criminal Cases Act 1967 ("the Act") in respect of proceedings in both the Local Court and District Court. The draft certificate for costs states that the applicant was committed from the Waverley Local Court on 16 January 2020 to stand trial on the following charges:- 1. Indecent assault on CG between 06/80 and 07/80 (s81); 2. Indecent assault on CG between 01/80 and 12/81 (s81); 3. Sexual assault of CG between Dec 85 (s61E(1)); 4. Sexual intercourse with CG under authority Nov 86 (s66C(2)); 5. Sexual intercourse with CG under authority Dec 86 (s66C(2)); 6. Sexual intercourse with CG under authority Jan 87 (s66C(2)); 7. Indecent assault on CG under authority Jan 87 (s61E(1A)); 8. Sexual intercourse with CG under authority Jul 87 (s66C(2)); 9. Assault occasioning actual bodily harm on CG Jan 81 (s61); 10. Common assault on CG Jan 81 (s61); 11. Assault occasioning actual bodily harm on CG between Jan 82 to Dec 86 (s59(1)); 12. Aggravated indecent assault under authority between 03/91 to 12/91 (s61M(1)); 13. Indecent assault on CG under authority Mar 86 to Dec 90 (s61E(1A)), and 14. Maintain unlawful relationship with child between Jan 82 to Dec 91 (s66EA(1)). 1. The applicant stood her trial on 21 July 2022 and on 4 August 2022 the jury returned not guilty verdicts for Counts 1 and 11 on the Indictment. That jury was discharged on 8 August 2022 before delivering verdicts on the remaining charges due to 5 members of the jury contracting COVID. 2. On 2 September 2022 the Director of Public Prosecutions refused a no bill application and a second trial commenced on 9 October 2023 on an Indictment containing ten counts. On 19 October 2023 the applicant was acquitted of all counts on the Indictment. 3. On 19 October 2023 counsel for the applicant indicated that this application was to be made and I made directions for the filing of submissions and for the application to be dealt with on the papers.