R v Yavuz (No. 3) [2018] NSWSC 573

Supreme Court New South Wales

Medium Neutral Citation: R v Yavuz (No. 3) [2018] NSWSC 573 Hearing dates: 23 April 2018 Date of orders: 04 May 2018 Decision date: 04 May 2018 Jurisdiction: Common Law - Criminal Before: Davies J Decision: (1) There be a stay of proceedings against the accused until the accused's costs of $80,000 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 trial judge. Catchwords: CRIMINAL LAW – procedure – adjournment, stay of proceedings or order restraining proceedings – murder proceedings – power to order stay of proceedings until Crown paid legal costs of accused thrown away due to discharge of jury and retrial – serious fault on part of Crown caused unfairness to accused – Crown sought discharge of jury after Court refused to allow it to tender evidence at the end of its case – evidence corroborated principal witness and was described as "critical" but was not previously made available – costs of accused assessed by measure of reasonableness Legislation Cited: Criminal Procedure Act 1986 (NSW) ss 75, 142(1)(j), 147, 148 Cases Cited: Lee v Attorney-General for NSW [2017] NSWCCA 27 R v Bucksath [2000] NSWCCA 135; (2000) 114 A Crim R 1 R v Carbone (No. 2) [2017] NSWSC 346 R v Fisher (2003) 56 NSWLR 625; [2003] NSWCCA 41; (2003) 138 A Crim R 318 R v Michael John Issakidis [2015] NSWCCA 834 R v Yavuz (No. 2) [2017] NSWSC 1705 Category: Costs Parties: Crown John Can Yavuz (Accused) Representation: Counsel: N Williams (Crown) L Bewsher (Accused)