R v Peter Anthony QUINN - Application for Costs [2014] NSWDC 59

District Court New South Wales

Medium Neutral Citation: R v Peter Anthony QUINN - Application for Costs [2014] NSWDC 59 Hearing dates: 5 - 9 May 2014 Decision date: 30 May 2014 Before: Judge Haesler SC DCJ Decision: The application for a costs certificate is refused. Catchwords: Costs, stay of no proceedings direction, verdict by direction. Legislation Cited: Criminal Procedure Act 1986 Costs in Criminal Cases Act 1967 Evidence Act 1995 Cases Cited: AB v Director of Public Prosecutions [2014] NSWCCA 122 Allerton v Director of Public Prosecutions (1991) 24 NSWLR 550 Becket v NSW [2013] HCA 17 R v Ferguson (1991) 1 Qd R 35 Category: Costs Parties: Crown Peter Anthony Quinn (Defendant) Representation: Mr T Bailey (Crown) Mr A Radojev (Defence) Ms M Vassall (DPP) Ms T Gray (Defence) File Number(s): 2013/70275 Publication restriction: No Publication of complainant's name or anything that might identify the complainant.

Judgment

Introduction 1On 5 May 2014 a jury was empanelled to try Peter Andrew Quinn in relation to allegations he sexually interfered with a 13 year old girl, XY. XY gave evidence from a remote location via CCTV. During cross-examination XY indicated that she wished a break and the court adjourned. The next day the Crown indicated that she would not be returning to court. Further, he said that the Director of Public Prosecutions had directed that the there be no further proceedings. A jury having been put in charge I stayed the withdrawal of the indictment, and, there being insufficient evidence to convict, directed the jury to return verdicts of not guilty on each count. 2This it transpires was a controversial decision. On one view once the Director makes a decision to direct there be no further proceedings there is no trial. On the other hand a court has a duty to control its own proceedings and a duty to ensure, in the appropriate case, the finality of matters put before a jury: see R v Ferguson (1991) 1 Qd R 35; Question of law No 3 of 1995 (1996) 66 SASR 450; Becket v NSW [2013] HCA 17. In the circumstances I believe my decision was the right one and that I did not make a jurisdictional error.