JC v Director of Public Prosecutions (NSW) [2014] NSWCA 228

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: JC v Director of Public Prosecutions (NSW) [2014] NSWCA 228 Hearing dates: 16 June 2014 Decision date: 17 July 2014 Before: Beazley P at [1]; Basten JA at [2]; Ward JA at [45] Decision: (1) Set aside the judgment of the District Court delivered on 26 July 2013 dismissing an application for a certificate under the Costs in Criminal Cases Act 1967 (NSW). (2) Declare that, in the circumstances of the case, the Court had power to grant a certificate pursuant to s 2 of the Costs in Criminal Cases Act. (3) Remit the matter to the District Court to be determined in accordance with the declaration of this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - judicial review - power to grant costs certificate may be granted after commencement of trial - refusal to consider application for costs certificate on the basis that no trial had commenced - whether failure to exercise jurisdiction - Costs in Criminal Cases Act 1967 (NSW), s 2

CRIMINAL LAW - procedure - application for costs certificate - power to grant costs certificate after commencement of trial - multiple accused arraigned before judge and entered pleas of not guilty - indictment withdrawn before jury empanelled - whether trial had commenced - whether "trial" limited to hearing before a jury - whether trial commences when accused arraigned and enters plea - Costs in Criminal Cases Act 1967 (NSW), s 2