RM v Director of Public Prosecutions (NSW) [2019] NSWDC 44

District Court New South Wales

Medium Neutral Citation: RM v Director of Public Prosecutions (NSW) [2019] NSWDC 44 Hearing dates: 24 January 2019, 22 February 2019 Date of orders: 07 March 2019 Decision date: 07 March 2019 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: The motion is dismissed Catchwords: CRIMINAL PROCEDURE – Stay of proceedings – Inherent power to prevent abuse of process – whether stay should be granted pending payment of costs by the Crown following vacation of trial due to Police Officer failing to disclose contact between complainants at an earlier time Legislation Cited: Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Cases Cited: Decision Restricted [2017] NSWCCA 27 Petroulias v R [2007] NSWCCA 154 R v Fisher [2003] NSWCCA 41 R v Mosely (1992) 28 NSWLR 735 R v Selim [2007] NSWSC 154 Texts Cited: N/A Category: Costs Parties: RM (Applicant) Director of Public Prosecutions (Respondent) Representation: Counsel: Ms J Gallagher (Applicant) Ms LM Barnes (Respondent)

Solicitors: King & York lawyers (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2016/00162199 Publication restriction: Section 578A Crimes Act 1900 (NSW) applies. Non publication order in relation to the names of the Accused and the Complainants made 1 December 2017 by Craigie SC DCJ