KRUSE v COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS & ORS [2001] NSWCA 59

(2001) 160 FLR 334 Reported Decision : (2001) 19 ACLC 803 122 A Crim R 13

New South Wales Court of Appeal

CITATION : KRUSE v COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS & ORS [2001] NSWCA 59 FILE NUMBER(S) : CA 40227/00 HEARING DATE(S) : 15 March 2001 JUDGMENT DATE : 27 March 2001

James Byron Kruse - Claimant PARTIES : Commonwealth Director of Public Prosecutions - First Opponent District Court of New South Wales - Second Opponent State of New South Wales - Third Opponent JUDGMENT OF : Spigelman CJ at 1; Sheller JA at 2; Heydon JA at 21

LOWER COURT JURISDICTION : District Court LOWER COURT 98/11/0908 FILE NUMBER(S) : LOWER COURT O'Reilly QC DCJ JUDICIAL OFFICER :

COUNSEL : J G Duncan/S Loughnan - Claimant M G Sexton SC/B Baker - Solicitor General - Second and Third Opponent SOLICITORS : Stone & Partners - Claimant I V Knight - Crown Solicitor's Office - Second and Third Opponent CATCHWORDS : CRIMINAL LAW - Judgment and Punishment - Costs - Certificate under Costs in Criminal Cases Act 1967 - Certificate can only be granted where the relevant offence was against State rather than Commonwealth law - Proceedings under Corporations (NSW) Act 1990 - s29(2) of the Corporations (NSW) Act provided that, for the purposes of a law of NSW, such an offence is to be taken as one against the laws of the Commonwealth and not of NSW - held that a costs certificate cannot be granted in relation to an offence under the Corporations (NSW) Act. Costs in Criminal Cases Act 1967 LEGISLATION CITED : Corporations (NSW) Act 1990 Interpretation Act 1987 Solomons v District Court of New South Wales (2000) 49 NSWLR 321 R v Kinal (1978) 21 ALR 261 R v Hughes [2000] 74 ALJR 802 Sargood Bros v The Commonwealth (1910) 11 CLR 258 CASES CITED: Booker v State Rail Authority of NSW (No 2) (1993) 31 NSWLR 402 Bropho v State of Western Australia (1990) 171 CLR 1 Abbott v Minister for Lands [1895] AC 425 Boyce v Hughes (1970) 72 SR (NSW) 54 Tooheys Ltd v Commissioner of Stamp Duties (NSW) (1961) 105 CLR 602 DECISION : Application dismissed with costs.