Pierre Sukkar v Regina (No 2) [2016] NSWDC 154

District Court New South Wales

Medium Neutral Citation: Pierre Sukkar v Regina (No 2) [2016] NSWDC 154 Hearing dates: 25 July 2016 Date of orders: 01 August 2016 Decision date: 01 August 2016 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1. I order that the prosecution pay the applicant's costs of the appeal and the Local Court proceedings. 2. I have not heard any submissions as to the quantum of the costs sought, or the date by which I should order payment of the costs in accordance with section 72 of the Act. 3. I will hear the parties on those issues. Catchwords: CRIMINAL LAW – assault – assault police occasioning actual bodily harm PROCEDURAL – successful conviction appeal – investigation conducted in unreasonable or improper manner – test – balance of probabilities COSTS – appellant costs – discretion to award - quantum Legislation Cited: Crimes (Appeal and Review) Act 2001 ss 70(1)(a), 70(1)(b), 70(1)(c), 70(1)(d) Security Industry Act 1997 ss 4, 35, 36 Cases Cited: Cliftleigh Haulage Pty Ltd v Byron Shire Council [2007] NSWCA RB v DPP [2015] NSWSC 248 Category: Costs Parties: Pierre Sukkar (Applicant) Regina (Respondent) Representation: Counsel: Mr D Dalton SC with Mr D Carroll (Applicant)

Solicitors: Mallinson and Rake Lawyers (Applicant) C Hyland, Solicitor for Public Prosecutions (Respondent) File Number(s): 2013/00264171