Regina v Stuart Carrick [2003] NSWSC 313

Reported Decision : 57 NSWLR 606

New South Wales Supreme Court

CITATION : Regina v Stuart Carrick [2003] NSWSC 313 revised - 07/11/2003 HEARING DATE(S) : 21/08/02, 06/12/02, 11/04/03 JUDGMENT DATE : 24 April 2003

JUDGMENT OF : Buddin J DECISION : The application is refused.

CATCHWORDS : Application for certificate pursuant to Costs in Criminal Cases Act 1967 - applicant pleaded guilty to various offences - charge of murder then "no billed" - meaning of expression "commencement of a trial" in the Act. Costs In Criminal Cases Act 1967 LEGISLATION CITED : Criminal Procedure Act Interpretation Act (NSW) 1987 Legal Aid Commission Act 1979 DPP (SA) v B (1998) 194 CLR 566 CASES CITED : Nadilo v DPP (1995) 77 A Crim R 537 R v Taylor (2002) 129 A Crim R 146 PARTIES : Crown Stuart Carrick FILE NUMBER(S) : SC 70007/02 COUNSEL : M Barr (Crown) Ms C Davenport (Applicant) SOLICITORS : SE O'Connor (Crown) DJ Humphreys (Applicant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BUDDIN J

THURSDAY 24 APRIL 2003

70007/02 REGINA v STUART CARRICK

JUDGMENT – On application for costs 1 HIS HONOUR: The applicant seeks a certificate pursuant to s 2 of the Costs in Criminal Cases Act 1967 (the Act). The application is opposed by the Crown. 2 On 31 July 2002 the applicant was arraigned, together with a co-offender Leslie James Parkes, upon an indictment containing a number of counts which alleged various forms of injury to Michael Francis Smith at Riverwood in August 2000. The applicant pleaded guilty to three offences, namely to an assault upon Mr Smith which occurred on or about 7 August 2000; to maliciously inflicting grievous bodily harm upon him which occurred on or about 15 or 16 August 2000 and to an assault occasioning actual bodily harm to him which occurred on 21 August 2000. Mr Parkes also pleaded to three offences but as he is not a party to these proceedings it is unnecessary to make any further reference to the details of those offences.