R v Brown [2016] NSWSC 176

Supreme Court New South Wales

Medium Neutral Citation: R v Brown [2016] NSWSC 176 Hearing dates: 12 February 2016 Date of orders: 07 March 2016 Decision date: 07 March 2016 Jurisdiction: Common Law - Criminal Before: Davies J Decision: Certificate under s 2 of the Costs in Criminal Cases Act 1967 (NSW) is granted to the Applicant Catchwords: CRIMINAL LAW – costs – Costs in Criminal Cases Act – applicant charged with murder and cause grievous bodily harm with intent – joint criminal enterprise – applicant discharged by directed verdict at conclusion of evidence – application for costs – whether not reasonable for the proceedings to be instituted – principles - no further facts alleged by Crown – certificate granted Legislation Cited: Costs in Criminal Cases Act 1967 (NSW) Legal Aid Commission Act 1979 (NSW) Suitors Fund Act 1951 (NSW) Cases Cited: AB v Director of Public Prosecutions [2014] NSWCA 122 Australian Postal Commission v Dao (No 2) (Court of Appeal, 29 October 1986, Unrep) Mordaunt v Director of Public Prosecutions [2007] NSWCA 121 Nadilo v DPP (1995) 35 NSWLR 738 Polley v Johnson (No 2) [2014] NSWSC 1301 R v Basanovic and ors (No. 5) [2015] NSWSC 1197 R v Cardona [2002] NSWSC 823 Richards v Kadian (No 2) [2005] NSWCA 373 Category: Costs Parties: Brian McGarvie Brown (Applicant) Crown Representation: Counsel: W Terracini SC (Applicant) S Herbert (Crown)