R v Tunguz Te Ture [2025] NSWDC 30

District Court New South Wales

Medium Neutral Citation: R v Tunguz Te Ture [2025] NSWDC 30 Hearing dates: On the papers Date of orders: 04/02/2025 Decision date: 04 February 2025 Jurisdiction: Criminal Before: D Barrow SC DCJ Decision: Application under the Costs in Criminal Cases Act 1967 for a costs certificate dismissed. Catchwords: CRIME – costs – application for certificate under Costs in Criminal Cases Act 1967 (NSW) – whether a certificate should be issued in circumstances where the applicant was found not guilty by jury – whether the prosecution of the applicant was reasonable – application dismissed Legislation Cited: Costs in Criminal Cases Act 1967 Cases Cited: R v Johnston [2000] NSWCCA 197 Mordaunt v Director of Public Prosecutions & Anor (2007) 171 A Crim R 510 Lam v R (No.2) [2024] NSWCCA 237 Higgins v R (No 2) [2022] NSWCCA 82 Beatson v R [2015] NSWCCA 17 Cox v R (No 2) [2017] NSWCCA 129 Constantinidis v R; Lazar v R (Costs) [2022] NSWCCA 248 Category: Costs Parties: The Applicant (Manaia Tunguz Te Ture) The Crown Representation: For the Applicant: Mr M Licha of Counsel

For the Crown: Ms M O'Connell, Solicitor File Number(s): 2022/00328185

JUDGMENT

Background 1. Manaia Tunguz Te Ture ("the applicant") makes an application for a certificate pursuant to s 2 of the Costs in Criminal Cases Act 1967 ("the Costs Act"). 2. On 10 November 2022, the applicant was charged with six offences, four counts of sexual intercourse without consent and two counts of sexual touching without consent. The offences were alleged to have been committed on 29 October 2022. 3. The applicant participated in an ERISP on 10 November 2022 and denied committing the offences. 4. On 1 June 2023 the applicant was committed for trial to Sydney District Court. On 30 June 2023 the applicant was arraigned and the matter was listed for trial on 27 May 2024. 5. The trial commenced on 3 June 2024 and the applicant entered pleas of not guilty to the six counts on the indictment. The trial ran for 10 days, including a day and a half of jury deliberations. On 17 June 2024 the jury returned a verdict of not guilty on each count on the indictment.