Stephen v Director of Public Prosecutions (NSW) [2018] NSWSC 1018

Supreme Court New South Wales

Medium Neutral Citation: Stephen v Director of Public Prosecutions (NSW) [2018] NSWSC 1018 Hearing dates: 3 May 2018 Decision date: 03 July 2018 Jurisdiction: Common Law Before: Button J Decision: (1) A certificate under s 2 of the Costs in Criminal Cases Act 1967 (NSW) is granted to the applicant to the following effect: (a) In my opinion, if the prosecution had, before the proceedings were instituted against Ms Jonda Rhani Stephen, been in possession of evidence of all the relevant facts, it would not have been reasonable to institute the proceedings against her. (b) Furthermore, no act or omission of Ms Jonda Rhani Stephen contributed, or might have contributed, to the institution or continuation of the proceedings against her. Accordingly, there is no question of any such act or omission not being reasonable in the circumstances. Catchwords: CRIMINAL LAW – costs in criminal cases – application to award certificate under the Costs in Criminal Cases Act 1967 (NSW) – whether institution of proceedings for murder by the hypothetical prosecutor unreasonable with hindsight – certificate granted Legislation Cited: Costs in Criminal Cases Act 1967 (NSW) Crimes Act 1900 (NSW) Cases Cited: AB v Director of Public Prosecutions (NSW) [2014] NSWCA 122 Cox v R (No 2) [2017] NSWCCA 129 Category: Costs Parties: Jonda Rhani Stephen (Applicant) Director of Public Prosecutions (Respondent) Representation: Counsel: P Dwyer (Applicant) L Shaw (Respondent)