R v Buttriss [2024] NSWDC 234

District Court New South Wales

Medium Neutral Citation: R v Buttriss [2024] NSWDC 234 Hearing dates: 9 February 2024, 7 June 2024, 18 June 2024 Date of orders: 18 June 2024 Decision date: 18 June 2024 Jurisdiction: Criminal Before: Fitzsimmons SC DCJ Decision: (1) I grant a certificate under section 2 of the Costs in Criminal Cases Act 1967 with respect to the costs of the applicant. (2) That certificate shall specify that: (a) If the prosecution had, before the proceedings were instituted, been in possession of all the relevant facts, it would not have been reasonable to institute the proceedings, and (b) There was no act or omission of the applicant that contributed to the institution of the proceedings. Catchwords: CRIME – costs - application for costs following no further proceeding direction – whether reasonable to institute proceedings – application granted Legislation Cited: Crimes Act 1900, s 112(2) Costs in Criminal Cases Act 1967, ss 2, 3 Cases Cited: Mordaunt v Director of Public Prosecutions & Anor [2007] NSWCA 121 Category: Costs Parties: Rex (Crown) Grace Buttriss (Applicant) Representation: Counsel: Mr M Pickins (Applicant)

Solicitors: Director of Public Prosecutions NSW (Crown) Hammond Solicitors (Applicant) File Number(s): 2022/00035936 Publication restriction: NIL

Judgment 1. The applicant makes an application for a certificate under the Costs in Criminal Cases Act 1967 ('the Act') following a direction by the Director of Public Prosecutions ('the DPP') that no further proceeding is to be taken against the applicant.