John Leo Fisher v R (No 2) [2020] NSWDC 2

District Court New South Wales

Medium Neutral Citation: John Leo Fisher v R (No 2) [2020] NSWDC 2 Hearing dates: On the papers Date of orders: 23 January 2020 Decision date: 23 January 2020 Jurisdiction: Criminal Before: Neilson DCJ Decision: Applications for costs are dismissed. Catchwords: CRIME – COSTS – Applications for costs. Correct statutory provisions entitling Court to make awards. Whether prosecutor unreasonably failed to investigate. Prosecutor need not investigate a defence raised under the proviso to Inclosed Lands Protection Act 1901 s 4(1). Appellant's success in District Court was only the result of his proving in that Court the defence he did not prove in Local Court. Discretion re awarding costs – real issue not raised on appeal. Legislation Cited: Crimes (Appeal and Review) Act 2001 Criminal Procedure Act 1986 District Court Act 1973 Inclosed Lands Protection Act 1901 Real Property Act 1900 Justices Act 1902 Cases Cited: Dobbie v Davidson (1991) 23 NSWLR DPP v Deeks (1994) 34 NSWLR 523 Fosse v DPP [1999] NSWSC 367 John Leo Fisher v R [2019] NSWDC 297 Latoudis v Casey (1990) 170 CLR 534 R v Mosely (1992) 28 NSWLR 735 Category: Costs Parties: John Leo Fisher – Appellant Crown – Respondent Representation: Solicitors: (Appellant) Mr P. O'Brien - O'Brien Criminal and Civil Solicitors (Crown) Ms T. Lumsden - ODPP File Number(s): 2018/00048997 Publication restriction: Nil.