JC v DPP [2009] NSWDC 424

New South Wales District Court

CITATION: JC v DPP [2009] NSWDC 424

JUDGMENT DATE: 6 October 2009

JURISDICTION: Crime

JUDGMENT OF: Norrish QC DCJ

DECISION: A Certificate is to issue under the Costs in Criminal Cases Act 1967 to the applicant, JC.

CATCHWORDS: CRIME - Costs - 'Genuine belief of complainant'.

LEGISLATION CITED: Costs in Criminal Cases Act 1967

Allerton v DPP (NSW) (1991) 24 NSWLR 550 Mordaunt v CPP [2007] NSWCA 121 CASES CITED: R v Johnston [2000] NSWCCA 197 R v Manley (2000) 46 NSWLR 203 R v Murray (1987) 11 NSWLR 12

PARTIES: JC - Applicant Director of Public Prosecutions - Respondent

FILE NUMBER(S): 2008/00019366

COUNSEL: Mr Wallach - Applicant Mr Kimbell - Respondent

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

1 JC "the applicant" was arraigned on 17 September 2009 in respect of three charges of sexual intercourse without consent, relating to JS, at relevant times she being under the age of 16 years.

2 The original particulars were amended by application of the Crown towards the end of the Crown case with the consent of the accused. The variation in particulars extended the period of time over which it was alleged Counts 2 and 3 had occurred and thus pleaded that the complainant was "either 14 or 15 years of age", rather than 15 years of age.

3 The applicant pleaded 'not guilty' to each charge. He was found 'not guilty' by a jury at the end of the Crown case after a 'Prasad direction' on Tuesday 22 September 2009.

4 The charges in respect of which he was found 'not guilty' alleged respectively that he: Count 1