R v KT [2009] NSWDC 224

New South Wales District Court

CITATION: R v KT [2009] NSWDC 224

15 June 2009 16 June 2009 HEARING DATE(S): 17 June 2009 20 July 2009 23 July 2009

JUDGMENT DATE: 23 July 2009

JURISDICTION: Criminal

JUDGMENT OF: Bennett SC DCJ

DECISION: Grant a certificate pursuant to s 2 of the Costs in Criminals Cases Act 1967.

CATCHWORDS: CRIMINAL LAW – costs – costs certificate

Costs in Criminal Cases Act 1967 LEGISLATION CITED: Crimes Act 1900 Criminal Procedure Act 1986

Mordaunt v Director of Public Prosecutions [2007] NSWCCA 121 R v Dunne (Unreported, Supreme Court of NSW, 17 May 1990) R v John Fejsa (1995) 82 A Crim R 253 CASES CITED: R v Hatfield [2001] NSWSC 334 R v McFarlane (Unreported, Supreme Court, 12 August 1994) R v Manley (2000) 49 NSWLR 203 R v Pavy (1997) 98 A Crim R 396 R v Prasad (1979) 23 SASR 161; 2 A Crim R 45

PARTIES: The Crown KT

FILE NUMBER(S): 2009 / 00005073

COUNSEL: Paul Hogan (For the Applicant)

SOLICITORS: Roger Kimbell (For the Crown)

IN THE DISTRICT COURT OF NEW SOUTH WALES CRIMINAL JURISDICTION

2009/5073 BENNETT SC DCJ

Thursday 23 July 2009

R v KT

JUDGEMENT ON APPLICATION FOR A CERTIFICATE PURSUANT TO THE COSTS IN CRIMINAL CASES ACT 1967, SECTION 2

Introduction

1 On 15 June 2009 the Applicant appeared for trial upon an indictment containing one count contrary to section 61I of the Crimes Act 1900. The offence charged is included in the definition of prescribed sexual offence in s 3 of the Criminal Procedure Act 1986. Accordingly, the evidence of the complainant was presented in camera, and I made an order proscribing the publication of her name or any information that would allow her identification. In keeping with that course, I shall hereinafter refer to her by her initials or the term "complainant".