Regina v JS (No 2) [2007] NSWCCA 309

Reported Decision: 179 A Crim R 10

New South Wales Court of Criminal Appeal

CITATION: Regina v JS (No 2) [2007] NSWCCA 309

HEARING DATE(S): 14, 15 & 16 August 2007

JUDGMENT DATE: 19 November 2007

JUDGMENT OF: Spigelman CJ at 1; Mason P at 24; McClellan CJ at CL at 25; Hidden J at 26; Howie J at 27

DECISION: The Respondent's application for costs should be dismissed.

CATCHWORDS: CRIMINAL LAW – Jurisdiction, Practice and Procedure – Miscellaneous powers of courts and judges – Crimes (Appeal and Review) Act 2001 (NSW) – Absence of express or incidental power to order costs for an appeal from a directed acquittal - CRIMINAL LAW – Jurisdiction, Practice and Procedure – Miscellaneous practice cases – Costs in criminal jurisdiction – Criminal Appeal Act 1912 (NSW) – provision stating no costs shall be allowed is applicable to this proceeding.

Constitution LEGISLATION CITED: Criminal Appeal Act 1912, s5B, s17 Criminal (Appeal and Review) Act 2001, s16(3), s28(3), s36(3), s46(2), s54(3), s58(3), s59(2), s70, s107 Judiciary Act

Director of Public Prosecutions (Cth) v Cassaniti (2006) 204 FLR 152 Director of Public Prosecutions (NSW) v Roslyndale Shipping Company Pty Limited (2004) 148 A Crim R 341 Jackson v Sterling Industries Limited (1987) 162 CLR 612 John Fairfax Publications Pty Limited v District Court of New South Wales (2004) 61 NSWLR 344 CASES CITED: Linprint Pty Limited v Hexham Textiles Pty Limited (1991) 23 NSWLR 508 Markisic v Vizza [2002] NSWCCA 53 Proust v Blake (1989) 17 NSWLR 267 R v Burns (1920) 20 SR (NSW) 351 R v JS [2007] NSWCCA 272