R v Officer A (No 3) [2024] NSWSC 1265

Supreme Court New South Wales

Medium Neutral Citation: R v Officer A (No 3) [2024] NSWSC 1265 Hearing dates: 31 May 2024 Date of orders: 10 October 2024 Decision date: 10 October 2024 Jurisdiction: Common Law Before: N Adams J Decision: Application under the Costs in Criminal Cases Act 1967 (NSW) for a costs certificate is refused. Catchwords: CRIMINAL PROCEDURE — Costs application for certificate pursuant to Costs in Criminal Cases Act 1967 – where applicant acquitted of charge of murder by a jury – whether if prosecution had all relevant facts it would have been reasonable to institute proceedings – application dismissed Legislation Cited: Costs in Criminal Cases Act 1967 (NSW), ss 2, 3, 4 Crimes (Administration of Sentences) Regulation 2014 (NSW), cll 131, 303 Cases Cited: Chahal v Director of Public Prosecutions [2008] NSWCA 152; (2008) A Crim R 580 Higgins v R (No 2) [2022] NSWCCA 82 Mordaunt v Director of Public Prosecutions & Anor [2007] NSWCA 121; (2007) 171 A Crim R 510 R v John Fejsa (1995) 82 A Crim R 253 R v Jonathon Harold Manley (2000) 49 NSWLR 203; [2000] NSWCCA 196 R v Moore [2015] NSWSC 1263 R v Officer A [2023] NSWSC 1033 R v Officer A [2023] NSWSC 1265 R v Officer A (No 1) [2022] NSWSC 1362 R v Officer A (No 2) [2022] NSWSC 1381 R v Officer A (No 2) [2023] NSWSC 1285 R v Officer A (No 3) [2022] NSWSC 1394 R v Officer A (No 4) [2022] NSWSC 1395 R v Officer A (No 5) [2022] NSWSC 1396 R v Officer A (No 6) [2022] NSWSC 1413 R v Pavy (1997) 98 A Crim R 396 Rodden v R (2023) 112 NSWLR 162; [2023] NSWCCA 202 Category: Costs Parties: Rex (Crown) Officer A (Applicant) Representation: Counsel: K McKay SC (Crown) P Strickland SC/A Wong (Applicant)