NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Lam v R (No.2) [2024] NSWCCA 237 Hearing dates: On the papers Date of orders: 19 December 2024 Decision date: 19 December 2024 Before: Harrison CJ at CL Garling J Weinstein J Decision: Order that a Certificate pursuant to the Costs in Criminal Cases Act 1967 be issued to the applicant in respect of the proceedings brought against her on Indictment and which were the subject of the decision of the Court of Criminal Appeal on 12 February 2024 Catchwords: CRIMINAL PROCEDURE – Costs – Costs in Criminal Cases Act 1967 (NSW) – Whether it would not have been reasonable for the Crown to institute proceedings if the prosecution had been in possession of evidence of all the relevant facts. Legislation Cited: Costs in Criminal Cases Act 1967 Crimes Act 1900 (NSW) Cases Cited: Allerton v DPP (1991) 24 NSWLR 550 Lam v R [2024] NSWCCA 6 Mordaunt v Director of Public Prosecutions (NSW) [2007] NSWCA 121 R v Groom [2000] NSWCCA 538 Texts Cited: Not Applicable Category: Costs Parties: Helga Lam (Applicant) The Crown) (Respondent) Representation: Counsel: S Boland (Applicant B Hatfield SC (Respondent)
Solicitors: Australian Criminal & Family Lawyers (Applicant) Director of Public Prosecutions (NSW) (Respondent) File Number(s): 2021/266067 Publication restriction: Not Applicable
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