R v Pratt [2006] NSWDC 48

New South Wales District Court

CITATION: R v Pratt [2006] NSWDC 48 This decision has been amended. Please see the end of the judgment for a list of the amendments.

JUDGMENT DATE: 7 April 2006

JUDGMENT OF: Williams DCJ at 1

DECISION: Application for a certificate refused.

CATCHWORDS: Costs - Indictable offence - child sexual assault - no further proceedings - credibility and demeanour of witnesses - lack of complaint - onus on applicant - application refused

LEGISLATION CITED: Costs in Criminal Cases Act 1967 Suitors Fund Act

CASES CITED: R-v- Manley (2000) 49NSWLR 203 R-v McFarlane (Blanch J 12 Aug 1994 Unreported.)

PARTIES: Regina Pratt

COUNSEL: Crown:- Mr Apps Applicant:- Mr Hamill SC

SOLICITORS: Solicitor for Public Prosecutions

Application for Costs.

Regina -v- Pratt

1. This is an application for a certificate under the Costs in Criminal Cases Act 1967.

BACKGROUND 2. Mr Pratt was arraigned before Acting Judge Andrew on the 15th June 2005 on a number of charges. They were, that between the 1st of August 1996 and the 30th of September 1996 he had sexual intercourse and indecently assaulted his 9 year old daughter, being 2 charges, that between the 15th of October 1996 and the 30th October 1996 he had sexual intercourse on three occasions and indecently assaulted her on three occasions being a total of 6 charges and the ninth count on the indictment was that between the 1st of December 1999 and the 31st of December 1999 he indecently assaulted his daughter who was then aged 12.

3. A certificate can be granted if the court finds that, had the prosecution, before the proceedings were instituted, been in possession of evidence of all the relevant facts, it would not have been reasonable to institute the proceedings. There is a further qualification in ss3(b) that any act or omission of the defendant that contributed or might have contributed to the institution or continuation of the proceedings was reasonable in all the circumstances.