JP v Commonwealth Director of Public Prosecutions [2014] NSWChC 2

Children's Court New South Wales

Medium Neutral Citation: JP v Commonwealth Director of Public Prosecutions [2014] NSWChC 2 Hearing dates: 14 April 2014 Decision date: 05 May 2014 Jurisdiction: Criminal Before: Children's Magistrate Graham Blewitt AM at Port Kembla Children's Court Decision: Application for costs - dismissed Catchwords: CRIMINAL - Young Persons - commencement of proceedings - person under 18 - Attorney General's consent - application for costs Legislation Cited: Criminal Code Act 1995 (Commonwealth), section 474.24C Criminal Procedure Act 1986, sections 213 and 214 Category: Costs Parties: JP - Young Person Director of Public Prosecutions Representation: Mr Russoniello, solicitor, for the applicant Young Person JP Ms Talbot, of counsel, instructed by the Commonwealth DPP File Number(s): 2012/384447 Publication restriction: None. Young Person anonymised

Judgment

Reasons for Decision

BACKGROUND 1This judgment relates to an application for costs made on behalf of the accused Young Person, JP. 2Briefly, the procedural background is that on 11 December 2012 the Young Person was arrested and charged with two counts contrary to s 474.19(1) of the (Commonwealth) Criminal Code Act 1995, alleging offences between 23 May 2012 and 11 December 2012 at Fairy Meadow (sequence 1), and on 27 August 2012, also at Fairy Meadow (sequence 2), that he used a carriage service to transmit child pornography material. At the date of his arrest, the Young Person was aged 15. 3The Young Person was released on bail and was served with Court Attendance Notices to appear in relation to these two charges at Port Kembla Children's Court on 21 January 2013. The Young Person appeared on that date, represented by Mr Russoniello. The Court made brief orders, requiring the prosecution to serve the brief by 25 February 2013 and the matter was adjourned for a reply to the brief at Port Kembla on 11 March 2013. 4On 30 January 2013 the prosecution filed two additional Court Attendance Notices at the Court, alleging further breaches of s 474.19(1), namely offences allegedly committed at Fairy Meadow on 10 August 2012 (later amended to 8 October 2012) (sequence 3) and between 23 May 2011 and 1 September 2012 (sequence 4) at Fairy Meadow. 5The proceedings were subsequently listed for mention and/or reply to the brief on 11 March, 6 May, 17 June, 1 July, and 22 July 2013 when the Commonwealth Director of Public Prosecutions (hereafter referred as the DPP), sought a 3 month adjournment, to 21 October 2013, to obtain evidence from the United States of America, in relation to Facebook material. On 21 October 2013 the evidence had been received from the USA and the matter was adjourned to 11 November 2013, to enable discussions to take place between the prosecution and the defence, and for the DPP to review the charges. 6On 11 November 2013 the proceedings were adjourned to 18 November 2013 for the Court to make enquiries in relation to setting the matter down for hearing as a special fixture. On the last mentioned date, the matter was set down for hearing at Port Kembla Children's Court, as a special fixture, on 17, 18 and 19 March 2014. On 29 November 2013 the hearing dates were changed to 18, 19 and 20 March 2014, when it became known that one of the parties was not available on 17 March 2014. On 17 February 2014, the matter was listed for mention and the hearing dates of 18, 19 and 20 March 2014 were confirmed. 7On 10 March 2014 two additional Court Attendance Notices were issued and filed with the Court, alleging breaches of s 474.17(1) of the Criminal Code Act 1995, namely offences of using a carriage service to menace, harass or offend on 10 August 2012 (sequence 5) and on 27 August 2012 (sequence 6). 8On the same date, 10 March 2014, the DPP forwarded an email to Mr Russoniello advising him about the two new charges, which were replacing sequences 2 and 3, and that sequences 1 and 4 would be withdrawn.