V (a child) v Constable Joshua Hedges [2011] NSWSC 232

Supreme Court New South Wales

Medium Neutral Citation: V (a child) v Constable Joshua Hedges [2011] NSWSC 232 Hearing dates: 17 March 2011 Decision date: 30 March 2011 Before: McCallum J Decision: Application granted in part; order dismissing costs application in proceedings for offence against s 58 of the Crimes Act 1900 quashed; those proceedings remitted to the Children's Court for determination of the plaintiff's application for costs according to law. Catchwords: COSTS - criminal proceedings in the Children's Court - where charges withdrawn and dismissed - no prima facie case on one out of six charges - whether magistrate erred in dismissing costs application. Legislation Cited: Crimes Act 1900, s 58 Supreme Court Act 1970, s 69 Criminal Procedure Act 1986, ss 213, 214 Children (Criminal Proceedings) Act 1987, s 15A Law Enforcement (Powers and Responsibilities) Act 2002, s 99(3) Cases Cited: Burns v Seagrave [2000] NSWSC 77 Canceri v Taylor (1994) 123 ALR 667 per Moore J at 676 Kanan v Australian Postal & Telecommunications Union [1992] 43 IR 257 May v O'Sullivan (1955) 92 CLR 654 at 658.6 R v Prasad (1979) 2 A Crim R 45 Category: Principal judgment Parties: Plaintiff referred to as "V" (anonymity order made) Constable Joshua Hedges (first defendant) Magistrate Albert Sbrizzi (second defendant) Representation: Counsel: Mr B W Rayment QC with Ms P Conway (plaintiff) Ms A Johnson (first defendant) Submitting appearance filed on behalf of the second defendant Solicitors: Emanueli Oliveri (plaintiff) IV Knight, Crown Solicitor (defendants) File Number(s): 2010/258938 Publication restriction: The name of the plaintiff must not be published in connection with the proceedings below or these proceedings: see s 15A of the Children (Criminal Proceedings) Act 1987