R v Zraika [2019] NSWSC 598

Supreme Court New South Wales

Medium Neutral Citation: R v Zraika [2019] NSWSC 598 Hearing dates: 16-18, 21-23, 28, 29, 31 August 2017, 1, 4, 6-8, 11-14, 18-20, 25-28 September 2017, 4, 9-11, 13, 16 October 2017, 6 June 2018, 22 November 2018, Date of orders: 24 May 2019 Decision date: 24 May 2019 Jurisdiction: Common Law - Criminal Before: Rothman J Decision: Application for a costs' certificate is dismissed Catchwords: COSTS – costs in criminal cases – acquittal of applicant in judge alone trial – inferences available inconsistent with guilt – not unreasonable to prosecute knowing all the evidence adduced Legislation Cited: Crimes Act 1900 (NSW), s 316 Costs in Criminal Cases Act 1967 (NSW), ss 2 and 3 Cases Cited: AB v Director of Public Prosecutions (NSW) [2014] NSWCA 122 DAO v R (No 3) [2016] NSWCCA 282 Finance Facilities Pty Ltd v Federal Commissioner of Taxation (1971) 127 CLR 106; [1971] HCA 12 R v Manley [2000] NSWCCA 196 R v Spiteri-Ahern; R v Barber; R v Zraika (No 11) [2017] NSWSC 1820 Category: Costs Parties: Regina (Crown) Amin ZRAIKA (Applicant) Representation: Counsel: D Patch (Crown) Dr R Webb (Applicant)

Solicitors: Office of the Director Public Prosecutions (Crown) Macquarie Lawyers Burwood (Applicant) File Number(s): 2014/00235123 Publication restriction: Orders made on 19/09/2017:NON PUBLICATION ORDER that the address given for the accused Ms Spiteri-Ahern and her family in the evidence of Constable Daniel Greentree not be published outside of the Court room. Orders made 31/08/2017:SUPPRESSION ORDER made in relation to the true identity of the proposed Crown witness, together with any evidence, submission discussion, document or information that might disclose the identity of said witness. The publication of any reference to the witness be by way of the pseudonym name Tom Jones.