Regina v Bernard Lawrence JOHNSTON [2000] NSWCCA 197

New South Wales Court of Criminal Appeal

CITATION : Regina v Bernard Lawrence JOHNSTON [2000] NSWCCA 197 FILE NUMBER(S) : CCA 60030/98 HEARING DATE(S) : 1 December 1999 JUDGMENT DATE : 26 May 2000

PARTIES : Regina Bernard Lawrence JOHNSTON JUDGMENT OF : Wood CJatCL at 1; Sully J at 4; Simpson J at 12

COUNSEL : P. Berman - Crown T. Molomby - Applicant SOLICITORS : S. E. O'Connor - Crown

LEGISLATION CITED : Costs in Criminal Cases Act 1967 Crimes Act 1900 (NSW) CASES CITED: Regina v Manley, 26 May 2000, CCA 196 DECISION : Application refused

IN THE COURT OF CRIMINAL APPEAL

No. 60030 of 1998 WOOD CJ at CL SULLY J SIMPSON J

Friday 26 May 2000 Regina v Bernard L JOHNSTON

JUDGMENT

1 WOOD CJ at CL: I agree with the judgment of Simpson J in this matter, so far as the question of the jurisdiction of the Court, as presently constituted, is concerned, for the reasons given by her Honour in the application of Jonathan Harold Manley. 2 Additionally, by reference to the principles discussed in my judgment in the application of Manley, and for the reasons given by her Honour in the present application, I am not persuaded that this case is one in which it is appropriate for a certificate under S 2 Costs In Criminal Cases Act 1967. 3 In my view the application should be refused.

IN THE COURT OF CRIMINAL APPEAL

60030/98

WOOD CJ at CL SULLY J SIMPSON J

Friday 26 May 2000

REGINA v Bernard Lawrence JOHNSTON

JUDGMENT

4 SULLY J: Mr. Bernard Lawrence Johnston , ["the applicant"], applies for an order for costs pursuant to s.2 of the Costs in Criminal Cases Act 1967 (NSW). The application was heard concurrently with a similar application by Mr. Jonathon Harold Manley. 5 The applicant was convicted of three counts of sexual intercourse without consent in circumstances of aggravation under s.61J of the Crimes Act 1900 (NSW). The applicant appealed against those convictions. The appeal was heard by a Bench of the Court of Criminal Appeal constituted by Spigelman CJ and Sully and Ireland JJ. On 31 July 1998 that Bench of the Court upheld the applicant's appeal, quashed his convictions; and directed the entry in respect of each matter of a verdict and judgment of acquittal. 6 As in the case of Manley, two questions arise: first, whether the present particular Bench of the Court of Criminal Appeal has jurisdiction to grant the application; and secondly, whether, if such jurisdiction exists, it should be exercised in favour of the applicant.