NSW Caselaw
New South Wales Supreme Court
CITATION : Commonwealth DPP v Barnes [2010] NSWSC 1040
HEARING DATE(S) : 14/09/2009, 30/04/2010
JUDGMENT DATE : 15 September 2010
JUDGMENT OF : Buddin J
DECISION : 1 Allow the appeal. 2 Set aside the Magistrate's decision awarding costs to the respondent.
CATCHWORDS : CRIMINAL LAW - costs awarded against prosecutor - committal proceedings -offences against the Corporations Act 2001 - particulars of offences amended - whether in those circumstances the offences were "not the same" - whether "exceptional circumstances" existed
Corporations Act 2001 (C'th) LEGISLATION CITED : Criminal Procedure Act 1986 (NSW) Justices Act 1902
CATEGORY : Principal judgment
Acuthan and others v Coates and others (1986) 6 NSWLR 472 ASIC v Farley and another (2001) 51 NSWLR 494 Collector of Customs v Agfa-Gevaert Ltd (1995) 186 CLR 389 Doja v R [2009] NSWCCA 303 Dong v Hughes [2005] NSWSC 84 Fosse v DPP and another, (1989) 16 NSWLR 540 CASES CITED : Fosse v Director of Public Prosecutions [1999] NSWSC 367 Halpin v Department of Gaming and Racing [2007] NSWSC 815 Hanna v Kearney (NSWSC, 28 May 1998, unreported) Harrison v Melhem (2008) 72 NSWLR 380 King v The Queen (1986) 161 CLR 423 Kirk v Industrial Relations Commission Kirk Group Holdings Pty Ltd v Workcover Authority of New South Wales [2010] HCA 1 Knaggs v Director of Public Prosecutions (NSW) and another (2001) 170 A Crim R 366 Port Macquarie – Hastings Council v Lawlor Services Pty Limited [2008] NSWLEC 75
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