RB v DPP [2015] NSWSC 248

Supreme Court New South Wales

Medium Neutral Citation: RB v DPP [2015] NSWSC 248 Hearing dates: 25 February 2014 Decision date: 20 March 2015 Jurisdiction: Common Law Before: Hidden J Decision: Magistrate's order refusing costs quashed, matter remitted to Local Court. Catchwords: JUDICIAL REVIEW – Local Court – costs in a criminal case – magistrate's refusal to award costs to a defendant after a charge dismissed – whether the magistrate applied the proper test in determining whether the investigation had been conducted unreasonably or there had been an unreasonable failure to investigate a relevant matter suggesting the defendant might not be guilty Legislation Cited: Crimes (Appeal and Review) Act 2001 Criminal Appeal Act 1912 Criminal Procedure Act 1986 Justices Act 1902 Law Enforcement (Powers and Responsibilities) Act 2002 Supreme Court Act 1970 Cases Cited: Cliftleigh Haulage Pty Ltd v Byron Shire Council [2007] NSWCCA 13 Craig v State of South Australia [1995] HCA 58, 184 CLR 163 Da Varda v Constable Stengord (NSW Police) [2011] NSWSC 868 Dong v Hughes [2005] NSWSC 84 JD v DPP & Ors [2000] NSWSC 1092 Kirk v Industrial Court of New South Wales [2010] HCA 1, 239 CLR 531 O'Brien v Hutchinson [2012] NSWSC 429 R v Rondo [2001] NSWCCA 540, 126 A Crim R 562 Category: Principal judgment Parties: RB (plaintiff) Director of Public Prosecutions (1st defendant) Local Court of New South Wales (2nd Defendant) Representation: Counsel: TM Healey (plaintiff) I Bourke (1st defendant)