R v Carbone (No. 2) [2017] NSWSC 346

Supreme Court New South Wales

Medium Neutral Citation: R v Carbone (No. 2) [2017] NSWSC 346 Hearing dates: 24 March 2017 Date of orders: 06 April 2017 Decision date: 06 April 2017 Before: Davies J Decision: (1) There be a stay of proceedings against the applicant until the applicant's costs of $60,000 are paid by the Crown.

(2) Nothing in order (1) prevents:

(a) the fixing or alteration of the trial date;

(b) compliance by the parties with the statutory requirements of the Criminal Procedure Act 1986 (NSW);

(c) the making of any directions by the judge dealing with the Arraignments List. Catchwords: CRIMINAL LAW – procedure – costs – application by the Crown to lead evidence under s 65 Evidence Act – when application refused further application by the Crown to adjourn trial – trial fixed for five weeks - trial adjourned – subsequent application by accused for Crown to pay costs thrown away by adjournment – application for stay until costs paid – whether fault on the part of the prosecuting authorities – whether fault amounted to unfairness to the accused - failure of Crown to arrange witnesses for trial – need for further enquiries that led to adjournment – applications by Crown under s 65 and for adjournment made on first day of trial – what costs reasonably payable – what costs thrown away – cancellation fees by Senior Counsel and solicitor – whether payable - whether costs of Crown's applications payable Legislation Cited: Criminal Procedure Act 1986 (NSW) District Court Act 1973 (NSW) Evidence Act 1995 (NSW) Legal Profession Uniform Conduct (Barristers) Rules 2015 Supreme Court Act 1970 (NSW) Cases Cited: Lee v Attorney-General for NSW [2017] NSWCCA 27 Petroulias v R [2007] NSWCCA 154 R v Bucksath [2000] NSWCCA 135 R v Carbone [2016] NSWSC 1591 R v Fisher [2003] NSWCCA 41 R v Jonathan Seebag (Court of Criminal Appeal, 16 February 1993, unrep) R v Kazzi; R v Williams; R v Murchie [2003] NSWCCA 241; (2003) 140 A Crim R 545 R v Michael John Issakidis [2015] NSWCCA 834 R v Mosely (1992) 28 NSWLR 735 Category: Costs Parties: Crown Diego Carbone (Applicant) Representation: Counsel: R Herps (Crown) W Terracini SC (Applicant)