R v Kadervarek [2019] NSWDC 128

District Court New South Wales

Medium Neutral Citation: R v Kadervarek [2019] NSWDC 128 Hearing dates: 11 April 2019 Date of orders: 16 April 2019 Decision date: 16 April 2019 Jurisdiction: Criminal Before: Grant DCJ Decision: Application for costs refused Catchwords: CRIMINAL PROCEDURE — Costs — Costs in Criminal Cases Act 1967 (NSW) — Whether reasonable to institute proceedings Legislation Cited: Cost in Criminal Cases Act 1967 Cases Cited: Mordaunt v Director of Public Prosecutions [2007] NSWCA 121; (2007) 171 A Crim R 510 Category: Costs Parties: Glynn Kadervarek (Applicant) Director of Public Prosecutions (Respondent) Representation: Counsel: Mr B Robinson (Applicant) Mr C Triscari (Solicitor Advocate, Respondent)

Solicitors: Oliver's Criminal Lawyers (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2016/00221528

​Judgment

APPLICATION 1. The Applicant applies for Costs in Cases Act certificate pursuant to section 2 of the Cost in Criminal Cases Act 1967. Exhibit 1 on the application comprised statements from Sarah LANNAN (14/03/16, 28/02/19), Leah DEAS (02/10/15), electronically recorded statement of Bradley DEAS(16/05/16), Allan O'CONNOR(20/09/16), conference note of Allan O'CONNOR(07/03/14), Laurence MCCRAKEN (16/10/15), Senior Constable Michael CREMONA (22/04/16), Constable WESTON (14/04/16). It also comprised the ERISP of the applicant and the Crown case statement version one and two.

BACKGROUND 1. Lea and Bradley DEAS resided with their three children. In early 2010 the applicant and Sarah LANNAN moved into the house across the road from them. The DEA'S had lived at their property for over 15 years. 2. The applicant was a bad neighbour. He would rev his car and sound his horn at all hours of the day and night. He also liked to host frequent house parties. On one occasion he swung a baseball bat over his head to intimidate Bradley DEAS. He threatened to "fucking kill" Mr Deas. Neighbourly relations had taken a dramatic turn for the worse. 3. The applicant held a chainsaw above his head swinging and revving it in an attempt to intimidate the Deas' family. Their quiet neighbourhood was now turning into a nightmare. 4. Prior to October 2013 Family and Community Services removed several children from the applicant and Ms Lannan's home. Paperwork provided by FACS concerning complaints disclosed the name, address and mobile number of Bradley DEAS. 5. Ms Lannan told police that upon learning of this disclosure the applicant said, "I'm gonna get them back, they made us lose our kids so they can lose their kids". He went on to say, "I'm gonna burn their house down". 6. There are two versions as to what happened next. There is Ms Lannan's version and the version of the applicant.