Regina v Ahmad [2002] NSWCCA 282

New South Wales Court of Criminal Appeal

CITATION : Regina v Ahmad [2002] NSWCCA 282 FILE NUMBER(S) : CCA 60385/2001 HEARING DATE(S) : 21 June, 2002 JUDGMENT DATE : 19 July 2002

PARTIES : Regina Kevin Ahmad JUDGMENT OF : Spigelman CJ at 8; Simpson J at 9; Blanch AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/21/3007 LOWER COURT JUDICIAL Robison DCJ OFFICER :

COUNSEL : P E Barrett (Crown) P R Boulten (appellant) SOLICITORS : S E O'Connor (Crown) D J Humphreys (appellant) CATCHWORDS : Criminal law - Costs in Criminal Cases Act LEGISLATION CITED : Costs in Criminal Cases Act, 1967, s2, s3 CASES CITED: R v Manley (2000) 49 NSWLR 203 R v McFarlane, Supreme Court of New South Wales, 12 August 1994 unreported DECISION : Certificate granted under section 2 of the Costs in Criminal Cases Act, 1967

IN THE COURT OF CRIMINAL APPEAL 60385/2001

SPIGELMAN CJ SIMPSON J BLANCH AJ 19 July, 2002 REGINA v Kevin AHMAD Judgment – aPPLICATION FOR COSTS

1 BLANCH AJ: On 21 June, 2002 this Court delivered a judgment allowing the appeal against conviction and quashing the convictions and sentences and entering verdicts of acquittal on both counts. The basis of that decision was that the evidence would not have justified a reasonable jury concluding beyond a reasonable doubt that the appellant was guilty of either offence and the verdicts were unsafe and unsatisfactory. At the conclusion of the judgment, the appellant applied for a certificate under s2 of the Costs in Criminal Cases Act, 1967 (NSW). Section 2 provides: