R v Pack [1999] NSWCCA 316

New South Wales Court of Criminal Appeal CITATION : R v Pack [1999] NSWCCA 316 FILE NUMBER(S) : CCA 60302/98 HEARING DATE(S) : 21/6/99 JUDGMENT DATE : 14 October 1999

PARTIES : Regina Gregory Phillip Pack JUDGMENT OF : Studdert J; Greg James J; Adams J

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 96/61/0177 LOWER COURT JUDICIAL OFFICER : Kirkham DCJ

COUNSEL : R. Ellis (Crown) R.P. Greenhill QC/E. Kelly (Appellant) SOLICITORS : S.E. O'Connor (Crown) Fischer Finn Cruikshank (Appellant) CATCHWORDS : Application for costs ACTS CITED : Suitors Fund Act Criminal Appeal Act DECISION : See para 11

IN THE COURT OF CRIMINAL APPEAL

60302/98 STUDDERT J GREG JAMES J ADAMS J

Thursday 14 October 1999

REGINA v GREGORY PHILLIP PACK

JUDGMENT (On appellant's application for costs of 21 June 1999)

1 THE COURT: The appellant, Gregory Phillip Pack, was convicted on a number of charges of sexual assault following his trial in the District Court before his Honour Judge Kirkham and jury. The appellant has appealed against his conviction to this Court and on 21 June 1999 the Court of Criminal Appeal as then constituted began to hear argument on the appellant's appeal. The hearing did not conclude on 21 June 1999 and was adjourned part heard to a date to be fixed. The Court as constituted on 21 June 1999 became unable to continue with the hearing of the appeal and it has become necessary for the appeal hearing to commence afresh before a Court differently constituted. The appellant seeks relief for the costs fruitlessly incurred for the hearing on 21 June last.