R v Byrnes [2019] NSWSC 616

Supreme Court New South Wales

Medium Neutral Citation: R v Byrnes [2019] NSWSC 616 Hearing dates: 15 – 18, 22 – 26, 29 – 31 October 2018, 1, 5 – 6, 9 November 2018 Date of orders: 30 May 2019 Decision date: 30 May 2019 Jurisdiction: Common Law Before: Rothman J Decision: (1) Application for a certificate under s 3 of the Costs in Criminal Cases Act 1967 (NSW) is dismissed. Catchwords: COSTS – costs in criminal cases – acquittal of applicant by directed verdict – court discretion exercised to disallow particular evidence of guilt – use of that evidence under s 3A of the Costs in Criminal Proceedings Act 1967 (NSW) – able to be used – not unreasonable to prosecute given all the evidence Legislation Cited: Costs in Criminal Proceedings Act 1967 (NSW), ss 2, 3 Evidence Act 1995 (NSW), s 38 Cases Cited: AB v Director of Public Prosecutions (NSW) [2014] NSWCA 122 Allerton v Director of Public Prosecutions (NSW) (1991) 24 NSWLR 550 Doney v R (1990) 171 CLR 207; [1990] HCA 51 Director of Public Prosecutions (NSW) v R (1991) 57 A Crim R 39 Mordaunt v Director of Public Prosecutions [2007] NSWCA 121 R v Byrnes [2019] NSWSC 615 R v Hull (1989) 16 NSWLR 385 R v Rossi-Murray; R v Byrnes [2019] NSWSC 479 R v Zraika [2019] NSWSC 598 Category: Costs Parties: Regina (Crown) Bradley James Byrnes (Accused) Representation: Counsel: P Barrett (Crown) H White (Accused)