REGINA v HUNT [1999] NSWCCA 375

New South Wales Court of Criminal Appeal CITATION : REGINA v HUNT [1999] NSWCCA 375 FILE NUMBER(S) : CCA 60417/98 HEARING DATE(S) : 22 November 1999 JUDGMENT DATE : 22 November 1999

PARTIES : Regina v Geoffrey Herbert Hunt JUDGMENT OF : Spigelman CJ at 1; Dunford J at 17; Hidden J at 18

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 97/72/0112 LOWER COURT JUDICIAL OFFICER : Freeman DCJ

COUNSEL : R J Bromwich (Appellant) M Grogan (Crown) SOLICITORS : Kell Moore (Appellant) S E O'Connor (Crown) CATCHWORDS : Criminal Law; costs; Justices Act s41A; no requirement of connection between reason for discharge and basis of cost order under s41A(2A). ACTS CITED : Criminal Appeal Act 1912 Justices Act 1902 DECISION : The answer to the first question is 'No'; The answer to the second question is 'His Honour Judge Freeman should decide himself whether costs should be awarded'.

IN THE COURT OF

CRIMINAL APPEAL

60417/98

SPIGELMAN CJ DUNFORD J HIDDEN J

Monday, 22 November 1999 REGINA v Geoffrey Herbert HUNT

JUDGMENT 1 SPIGELMAN CJ: This is a case stated by his Honour Judge Freeman of the District Court, pursuant to s5B of the Criminal Appeal Act 1912. His Honour had before him an appeal from the decision of a Magistrate to make an order for costs in favour of the successful defendant. 2 Section 41A of the Justices Act relevantly provides: "(1) The Justice or Justices:

(a) when making an order discharging a defendant as to the information then under inquiry, or