R v Cong Khanh TRAN [2008] NSWDC 43

New South Wales District Court

CITATION: R v Cong Khanh TRAN [2008] NSWDC 43

HEARING DATE(S): 7 March 2008

JUDGMENT DATE: 20 March 2008

JURISDICTION: Criminal

JUDGMENT OF: Norrish QC DCJ

Orders: DECISION: (1) The Court declines to make orders sought by the applicant at this time. (2) It reserves on the question of costs until all issues are resolved. (3) I grant liberty for the parties to further apply with seven (7) days notice.

CATCHWORDS: CRIMINAL LAW - Stay of proceedings - Costs

LEGISLATION CITED: Evidence Act 1995

R v Mosely (1992) 28 NSWLR 735 R v Fisher (2003) 183 A Crim R 318 CASES CITED: R v Nguyen [2007] NSWCCA 249 Jago v District Court of NSW (1989) 168 CLR 23 Dietrich v The Queen (1992) 177 CLR 292 Hufnagl v DPP (Cth) [2007] NSWDC 130

PARTIES: Regina v Cong Khanh Tran

FILE NUMBER(S): 2006/00014615

COUNSEL: S Bowers (Crown) S Russell (Offender)

JUDGMENT

Introduction

1 Cong Khanh Tran (the applicant) moves the Court for an order that the proceedings contemplated by the Director of Public Prosecutions be stayed until "costs of proceedings to date are paid by the prosecution" and consequential orders.

2 The applicant seeks costs in respect of four aspects of the proceedings involving him, as well as costs for the application. The applicant seeks costs in respect of : (i) proceedings on the 26 April 2007, due to the "unreasonable argument mounted … regarding the admission of the Statement of Facts for Giac Nguyen"; (ii) proceedings of 27 April 2007, in respect the admissibility of the evidence from Detective Luc Nguyen; (iii) the preparation for a s.5F appeal filed by the Director and later withdrawn; (iv) in respect of proceedings listed to commence on 12 November 2007 but adjourned because new expert evidence was served late on the applicant.