Luo v R [2024] NSWCCA 58

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Luo v R [2024] NSWCCA 58 Hearing dates: 8 April 2024 Date of orders: 3 May 2024 Decision date: 03 May 2024 Before: Adamson JA at [1]; Basten AJA at [2]; Wilson J at [3] Decision: (1) Grant leave to argue error in the refusal of the District Court to grant a certificate pursuant to s 2 of the Costs in Criminal Cases Act 1967 (NSW); (2) Refuse leave to adduce additional evidence; (3) Dismiss the appeal. Catchwords: CRIME – costs – appeal – applicant acquitted at trial of a charge of manslaughter – subsequent application for costs refused – appeal against refusal of costs certificate – interlocutory appeal – leave required – application to rely on further evidence Legislation Cited: Costs in Criminal Cases Act 1967 (NSW), ss 2, 3 Crimes Act 1900 (NSW), s 18 Criminal Appeal Act 1912 (NSW), s 5F Cases Cited: R v Abou-Chabake (2004) 149 A Crim R 417; [2004] NSWCCA 356 Nydam v R [1977] VR 430 Rodden v R [2023] NSWCCA 202 The Queen v Lavender (2005) 222 CLR 67; [2005] HCA 37 Category: Principal judgment Parties: Yun Sen Luo (Applicant) Rex (Respondent) Representation: Counsel: Applicant (Self-represented) Mr J Styles (Respondent)

Solicitors: Solicitor for Director of Public Prosecutions (Respondent) File Number(s): 2018/00252523 Publication restriction: None Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 25 March 2022 Before: Pickering SC DCJ File Number(s): 2018/00252523