R v Brendan CUTMORE & R v Edward DAVIS [2009] NSWDC 261

New South Wales District Court

CITATION: R v Brendan CUTMORE & R v Edward DAVIS [2009] NSWDC 261

HEARING DATE(S): 27 July 2009 - 29 July 2009

JUDGMENT DATE: 29 July 2009

JURISDICTION: District Court Criminal

JUDGMENT OF: Sweeney DCJ

DECISION: Certificate granted

CATCHWORDS: Criminal law - Judgment - Costs - Evidence excluded under s 137 Evidence Act 1995 - No further proceedings directed by Director of Public Prosecutions - Application for certificate pursuant to Costs in Criminal Cases Act 1967

LEGISLATION CITED: Evidence Act 1995 Costs in Criminal Cases Act 1967

Chahal v Director of Public Prosecutions [2008] NSWCA 152 CASES CITED: KJF, unreported Supreme Court, 7 December 2007 R v Blick [2000] NSWCCA 61 R v Pavy (1997) 98 A Crim R 396

The Crown PARTIES: Brendan Cutmore Edward Davis

FILE NUMBER(S): DC 2009/11/0332; DC 2009/11/0333

Mr C Everson (Crown) COUNSEL: Ms S Kluss (Mr Cutmore) Ms L McSpedden (Mr Davis)

NSWDPP SOLICITORS: Sam Hegney Solicitors Armidale (Mr Cutmore) Jarratt Webb & Graham Advocacy Pty Ltd (Mr Davis)

JUDGMENT

1 HER HONOUR: On Monday 27 July 2009 Brendan Cutmore and Edward Davis were arraigned for the purpose of some preliminary legal arguments on an indictment containing four joint counts being aggravated break and enter with intent to steal, aggravated break enter and steal, attempt aggravated break and enter with intent to steal and be carried in a conveyance without the owner's consent. Mr Cutmore was also charged with an assault.

2 On Tuesday 28 July I excluded evidence of photographic identification of both accused pursuant to section 137 Evidence Act1995. The Director of Public Prosecutions thereafter directed that there be no further proceedings against both men.