R v Dillon; R v Locke; R v Taylor [2025] NSWSC 42

Supreme Court New South Wales

Medium Neutral Citation: R v Dillon; R v Locke; R v Taylor [2025] NSWSC 42 Hearing dates: 25 October 2024 Date of orders: 13 February 2025 Decision date: 13 February 2025 Jurisdiction: Common Law Before: Yehia J Decision: See [121]; [130] Catchwords: CRIMINAL PROCEDURE – applications for a certificate pursuant to the Costs in Criminal Cases Act 1967 (NSW) – where each applicant acquitted of charges of murder and manslaughter by the jury – where the Crown case relied primarily on the evidence of one eyewitness – where in relation to one of the applicants the eyewitness had lied about his involvement – where the investigating police failed to properly investigate the eyewitness's false account – whether if the prosecution had all relevant facts it would have been reasonable to institute proceedings – application granted with respect to one of the applicants – application dismissed in relation to the remaining applicants Legislation Cited: Costs in Criminal Cases Act 1967 (NSW), ss 2, 3, 3(1), 3A Evidence Act 1995 (NSW) Legal Aid Commission Act 1979 (NSW), s 42 Cases Cited: Cox v R (No 2) [2017] NSWCCA 129 Fejsa v R (1995) 82 A Crim R 253 Higgins v R (No 2) [2022] NSWCCA 82 Lam v R (No.2) [2024] NSWCCA 237 Mordaunt v Director of Public Prosecutions (NSW) (2007) 171 A Crim R 510; [2007] NSWCA 121 R v Barrett [2024] NSWSC 433 R v Groom [2000] NSWCCA 538 R v Hannah Quinn (No 2) [2021] NSWSC 494 R v Moore [2015] NSWSC 1263 R v Officer A (No 3) [2024] NSWSC 1265 R v Pavy (1997) 98 A Crim R 396 R v Singh (No 8) [2023] NSWSC 51 Rodden v R (2023) 112 NSWLR 162; [2023] NSWCCA 202 Category: Costs Parties: Rex (Crown) Jake Leroy Dillon (Applicant) Zackary Locke (Applicant) Evan Taylor (Applicant) Representation: Counsel: S Sloane (Crown) N Steel (J Dillon) N Carroll (Z Locke) J Peluso (E Taylor)