Kamali v R; Mosawi v R; Shahsawari v R; Bejoushin v R [2013] NSWSC 799

Supreme Court New South Wales

Medium Neutral Citation: Kamali v R; Mosawi v R; Shahsawari v R; Bejoushin v R [2013] NSWSC 799 Hearing dates: On the papers Decision date: 14 June 2013 Before: R A Hulme J Decision: I grant Seyed Alireza Kamali a certificate under s 2 of the CCA Act. I grant Sayed Ibrahim Mosawi a certificate under s 2 of the CCA Act. The applications of Kamelledin Shahsawari and Amir Manafi Bejoushin are refused. Catchwords: CRIMINAL LAW - costs - offenders found not guilty by directed verdict - application for certificate under Costs in Criminal Cases Act 1967 - principles applicable - where evidence unable to support an element of the offence against one accused - where Crown case inherently weak against other accused - certificates granted CRIMINAL LAW - costs - offenders found not guilty by jury - application for certificate under Costs in Criminal Cases Act - principles applicable - Crown case against accused not strong but not inherently weak - reasonable to have initiated prosecution - applications refused CRIMINAL LAW - costs - certificate for costs - meaning of "relevant facts" - Costs in Criminal Cases Act 1967 - ss 3, 3A Legislation Cited: Costs in Criminal Cases Act 1967 (NSW) Crimes Act 1900 (NSW) Cases Cited: Chalal v DPP [2008] NSWCA 152; (2008) 185 A Crim R 580 Cittidini v R [2010] NSWCCA 291 Fesja v R (1995) 82 A Crim R 253 Mordaunt v DPP [2007] NSWCA 121; (2007) 171 A Crim R 510 R v Abdollahi (No 6) [2013] NSWSC 479 R v Abdollahi (No 9) [2013] NSWSC 482 R v Abdollahi (No 10) [2013] NSWSC 483 R v Basha (1989) 39 A Crim R 337 R v Hawi & ors (No 18) [2011] NSWSC 1664 R v McFarlane (Supreme Court of NSW, Blanch J, 12 August 1994, unreported R v Williams; ex parte Williams [1970] 1 NSWR 81 Category: Principal judgment Parties: Seyed Alireza Kamali Sayed Ibrahim Mosawi Kamelledin Shahsawari Amir Manafi Bejoushin Regina Representation: Counsel: Ms D Yehia SC (Kamali) Mr L Brasch (Mosawi) Mr P Little (Shahsawari) Mr R Jankowski (Bejoushin) Mr G Farmer SC with Ms J Single (Crown) Solicitors: Legal Aid NSW Blair Criminal Lawyers Archbold Legal CBD Criminal Defence Lawyers Commonwealth Director of Public Prosecutions File Number(s): 2011/407683; 2012/12230; 2011/146195; 2012/12240