Field v DPP [2010] NSWDC 144

New South Wales District Court

CITATION: Field v DPP [2010] NSWDC 144

HEARING DATE(S): 25/06/10

JUDGMENT DATE: 15 July 2010

JURISDICTION: Criminal

JUDGMENT OF: Norrish QC DCJ

DECISION: Application granted. Certificate to issue.

CATCHWORDS: Criminal Law - Costs - jury trial

LEGISLATION CITED: Costs in Criminal Cases Act 1967

Allerton v DPP (NSW) (1991) 24 NSWLR 550 Mordaunt v DPP [2007] NSWCA 121 CASES CITED: R v Johnston [2000] NSWCCA 197 R v Dunn (NSWSC, Hunt J, 17 May 1990, unreported) R v Cardona [2002] NSWSC 823

PARTIES: Craig Field - Applicant Director of Public Prosecution - Respondent

FILE NUMBER(S): 2008/00013585

COUNSEL: Mr G Murray - Applicant Mr G Corr - Respondent

SOLICITORS: Greg Murray Law - Applicant Director of Public Prosecution - Respondent

JUDGMENT – Application for Certificate pursuant to Costs in Criminal Cases Act 1967

1 Craig Field makes application for a certificate to be issued pursuant to s.2 Costs in Criminal Cases Act 1967 ("the Act"). The applicant was arraigned on 3 August 2009 at Wagga Wagga District Court in respect of charges of "recruit child to commit serious indictable offence" and "larceny". The offences were allegedly committed on 18 February 2007 for the larceny count and between 14 February and 19 February 2007, for the recruitment count.

2 Mr Field was acquitted by majority verdict on 10 August 2009.The current application proceeds on the basis of the material presented at trial. No application has been made to admit additional evidence pursuant to s.3A of the Act.

Relevant legislation and principles to be applied