![]() ![]() In these circumstances, it is important that a defence solicitor is retained with a capability to understand how to elicit the evidence necessary to substantiate a costs application following a dismissal of the charges. ![]() What is obvious from the above two summaries is that a large amount of preparation is required if you anticipate winning and making an application for costs. It is this proposition that was supported in the case of Allerton v DPP (1991) 24 NSWLR 550. ![]() In short, it allows the court to retrospectively question, with the benefit of having heard the entirety of the evidence in Court, whether taking into account all of the evidence as it played out, it would have been reasonable to commence a prosecution. Therefore, whilst a case may appear strong on paper, if it becomes apparent during the course of the hearing that the said case diminishes in strength to the point where it would not have been reasonable to institute a prosecution, this is sufficient for an application to be granted under this provision. This has a lower watermark as “evidence of all the relevant facts” includes any evidence that comes out during the course of a hearing. That any act or omission of the defendant that contributed, or might have contributed, to the institution or continuation of the proceedings was reasonable in the circumstances.If the prosecution had, before the proceedings were instituted, been in possession of evidence of all the relevant facts, it would not have been reasonable to institute the proceedings, and.The case of Canceri v Taylor (1994) 123 ALR 667 is of primary importance when assessing whether a case was so weak (or lacking reasonable and probable cause) that costs ought to be ordered.Īrguably, there is a lower watermark for an application under CCCA than for the CPA. For example, whilst a case may be weak that will usually be insufficient. It is a purely legal question with a high threshold. Whilst you may feel aggrieved that you were charged with an offence you did not commit, the Court may not grant you costs simply because of that sense if injustice. If you intend to make a costs application, it is imperative that the court hears evidence to substantiate one or more of the above criteria, in addition to disproving the charges and having them dismissed. The above comes from section 214 of the Criminal Procedure Act 1986 (NSW). That, because of other exceptional circumstances relating to the conduct of the proceedings by the prosecutor, it is just and reasonable to award professional costs. ![]()
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