NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Fiorenza [2024] NSWDC 282 Hearing dates: In chambers outcome
Applicant's written submissions: 15 March 2024 Respondent's written submissions: 7 June 2024 Date of orders: 12 July 2024 Decision date: 12 July 2024 Jurisdiction: Criminal Before: Grant DCJ Decision: The application for a costs certificate is refused. Catchwords: CRIMINAL PROCEDURE — Costs — Costs in Criminal Cases Act 1967 (NSW) — case of "word against word" — significant inconsistencies in complainant's account — whether these inconsistencies amount to the requisite standard of "substantially lacking in credit" — finding that such 'inconsistencies' are common features of sexual assault trials and curable through directions to jury — not satisfied that it would not have been reasonable for the hypothetical prosecutor to institute proceedings — application refused Legislation Cited: Costs in Criminal Cases Act 1967 (NSW) Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Cases Cited: AB v Director of Public Prosecutions (NSW) [2014] NSWCA 122 Constantinidis v R; Lazar v R (Costs) [2022] NSWCCA 248 Higgins v R (No 2) [2022] NSWCCA 82 Mordaunt v DPP [2007] NSWCA 121 R v Fesja (1995) 82 A Crim R 253 R v Manly [2000] NSWCCA 196 R v Moore [2015] NSWSC 1263 R v Warrick Ian McFarlane (SCNSW 12 August 1994 unreported) Category: Costs Parties: Angelo Fiorenza (Applicant) Rex (Respondent) Representation: Counsel:
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate