NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v El-Zeyat; R v Aouad [2015] NSWSC 63 Hearing dates: 6 February 2015 Date of orders: 13 February 2015 Decision date: 13 February 2015 Jurisdiction: Common Law Before: R A Hulme J Decision: Applications dismissed Catchwords: CRIMINAL LAW – costs – application for certificate under Costs in Criminal Cases Act – whether reasonable to institute proceedings – where nolle prosequi filed – impact of Court of Criminal Appeal's finding that fresh evidence affected credibility of material witness – assessment of other evidence available to the Crown – institution of proceedings reasonable – certificate refused Legislation Cited: Costs in Criminal Cases Act 1967 (NSW) Evidence Act 1995 (NSW) Cases Cited: Aouad and El-Zeyat v R [2011] NSWCCA 61; 207 A Crim R 411 Allerton v DPP (1991) 24 NSWLR 550 Darwiche v R; El-Zeyat v R; Aouad v R; Osman v R [2011] NSWCCA 62; 209 A Crim R 424 El-Zayet v Director of Public Prosecutions [2014] NSWCCA 298 Category: Principal judgment Parties: Regina (Respondent) Nasaem El-Zeyat (Applicant) Ramzi Aouad (Applicant) Representation: Counsel: Mr J Pickering SC (Crown) Mr I McLachlan (El-Zeyat) Ms N Carroll (Aouad)
Solicitors: Solicitor for Public Prosecutions (Crown) Trimmer Criminal Defence Lawyers (El-Zeyat) George Sten & Co (Aouad) File Number(s): 2005/2620; 2005/2678
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