Regina v Hatfield [2001] NSWSC 334

Reported Decision : 126 A Crim R 169

New South Wales Supreme Court

CITATION : Regina v Hatfield [2001] NSWSC 334 CURRENT JURISDICTION: Criminal FILE NUMBER(S) : SC 70076/98 HEARING DATE(S) : 31 May 2001 JUDGMENT DATE : 7 September 2001

PARTIES : Irena Hatfield - Applicant Regina - Respondent JUDGMENT OF : Simpson J

COUNSEL : Mr P Byrne SC - Applicant Mr J Kiely SC - Crown Respondent SOLICITORS : S Teen - Applicant S E O'Connor - Respondent CATCHWORDS : Criminal law - costs ss 2,3 and 3A of the Costs of Criminal Cases Act 1967 - whether, if the Crown had, at the time the applicant was charged, known all of the relevant facts, it would not have been reasonable to institute the proceedings. Costs in Criminal Cases Act 1967 LEGISLATION CITED : Magistrates (Summary Proceedings)Act 1975 (Vict) Evidence Act 1995 Allerton v Director of Public Prosecutions (1991) 24 NSWLR 550 Fejsa v R (1995) 82 A Crim R 253 R v Pavey (1997) 98 A Crim R 396 CASES CITED : R v Manley [2000] NSWCCA 196; 112 A Crim R 570 R v Dunne (unreported) Supreme Court of NSW 17 May 1990 Morris v R (1987) 163 CLR 454 M v R (1994) 181 CLR 487 Latoudis v Casey (1990 170 CLR 534 DECISION : Application for a certificate under s 2 of the Act is refused.

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION Criminal

SIMPSON J

7 September 2001 70076/98 REGINA v Irena HATFIELD Judgment HER HONOUR : 1 This is an application for a certificate under s 2 of the Costs of Criminal Cases Act 1967 ("the Act"). The section provides as follows: "2. Certificate may be granted The Court or Judge or Justice or Justices in any proceedings relating to any offence, whether punishable summarily or upon indictment, may - (a) where a defendant, after a hearing on the merits, is acquitted or discharged as to the information then under inquiry; or (b) where, on appeal, the conviction of the defendant is quashed and - (i) the defendant is discharged as to the indictment upon which he or she was convicted; or (ii) the information or complaint upon which the defendant was convicted is dismissed, grant to that defendant a certificate under this Act, specifying the matters referred to in section 3 and relating to those proceedings." 2 By s 3(1) a certificate granted under the section is required to specify that, in the opinion of the judicial officer(s) granting the certificate: "(a) if the prosecution had, before the proceedings were instituted, been in possession of evidence of all the relevant facts, it would not have been reasonable to institute the proceedings; and (b) that any act or omission of the defendant that contributed, or might have contributed, to the institution or continuation of the proceedings was reasonable in the circumstances." 3 By s 3A(1), the reference in s 3(1)(a) to "all the relevant facts" is a reference to such of the relevant facts as were established in those proceedings together with such further relevant facts as the defendant, on the application for the certificate, has established to the satisfaction of the court.