NSW Caselaw
Reported Decision : 64 NSWLR 139
New South Wales Supreme Court
CITATION : DPP v Howard [2005] NSWSC 987
HEARING DATE(S) : 26/09/2005
JUDGMENT DATE : 5 October 2005
JUDGMENT OF : Hoeben J at 1
DECISION : Appeal allowed.
CATCHWORDS : Appeal rights in relation to orders under s 2 of the Costs in Criminal Cases Act 1967 - statutory interpretation - meaning of word "trial" in s 2 of that Act - does word "trial" include "committal proceedings" - does s 2 authorise the awarding of costs if defendant discharged after committal proceedings.
Costs in Criminal Cases Act 1967 Crimes Act 1900 Crimes (Local Courts Appeal and Review) Act 2001 LEGISLATION CITED : Interpretation Act 1987 Justices Act 1902 Mental Health (Criminal Procedure) Act 1990
Allerton v DPP (1991) 24 NSWLR 550 Attorney General for NSW v Stuart (1994) 34 NSWLR 667 Barron v Attorney General (1987) 10 NSWLR 215 Fraser v The Queen (No 2) (1985) 1 NSWLR 680 CASES CITED : Grassby v The Queen (1989) 168 CLR 1 Moss v Brown (1979) 1 NSWLR 114 Nadilo v DPP (1995) 35 NSWLR 738 Regina v Stuart Carrick [2003] NSWSC 313
Director of Public Prosecutions - Plaintiff PARTIES : Dominic Joseph Howard - Defendant
FILE NUMBER(S) : SC 12415/2005
Mr I Bourke - Plaintiff COUNSEL : Mr PAG O'Connor - Defendant
SC Kavanagh, A/Solicitor for Public Prosecutions - Plaintiff SOLICITORS : James Fuggle Solicitors - Defendant
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