Legal Research
Cases
Beatson v R

Beatson v R

Case [2015] NSWCCA 17 27 February 2015

Appeal

Admissibility of Evidence

Costs

Criminal Law

No judgment structure available for this case.

Type to search within this case.

Court of Criminal Appeal

Supreme Court

New South Wales

Medium Neutral Citation: Beatson v R [2015] NSWCCA 17
Hearing dates: 16 February 2015
Decision date: 27 February 2015
Before: Hoeben CJ at CL at [1]
Johnson J at [22]
Davies J at [23]
Decision:
Certificate be issued in favour of the applicant pursuant to s2 of the Costs in Criminal Cases Act 1967 (NSW).

Catchwords: CRIMINAL LAW – application for costs pursuant to Costs in Criminal Cases Act 1967 – successful appeal against conviction for possession of drugs for supply – relevant principles – review of evidence – never sufficient evidence to convict applicant – not reasonable for Crown to institute proceedings – a costs certificate should be granted.
Legislation Cited: Costs in Criminal Cases Act 1967 (NSW) – s 2
Criminal Appeal Act 1912 – s17(1)
Cases Cited: Allerton v Director of Public Prosecutions (1991) 24 NSWLR 550
Barca v R [1975] HCA 42; 133 CLR 82
Beatson v Regina [2009] NSWCCA 288
Mordaunt v Director of Public Prosecutions & Anor [2007] NSWCA 121; 171 A Crim R 510
Regina v Jonathon Harold Manley [2000] NSWCCA 196; 49 NSWLR 203
R v Pavy (1997) 98 A Crim R 396
R v Stavropoulos [2008] NSWCCA 68
Category: Costs
Parties: Cathryn Anne Beatson – Applicant
Regina – Respondent Crown
Representation:
Counsel:
P Boulten SC - Applicant
P Ingram SC – Respondent Crown
Solicitors:
RF Bergagnin & Company - Applicant
Solicitor for Public Prosecutions – Respondent Crown

File Number(s): 2008/8074
Decision under appeal

Court or tribunal:

Supreme Court

Jurisdiction:

Court of Criminal Appeal

Citation:

[2009]NSWCCA 288

Date of Decision:

17 December 2009

Before:

Tobias JA; Hidden J; Howie J

File Number(s):

2008/8074008

Judgment

Application for Certificate pursuant to s 2 of the Costs in Criminal Cases Act 1967

HOEBEN CJ at CL:

The application

The applicant applies for a certificate pursuant to s 2 of the Costs in Criminal Cases Act 1967 (NSW) (hereafter called the CCC Act) following her successful conviction appeal to this Court in 2009: Beatson v Regina [2009] NSWCCA 288.

The applicant and her co-offender had been jointly tried and found guilty by a jury of being in possession for the purpose of supply of 209.4g of 3,4-methylenedioxymethylamphetamine (ecstasy) at Chippendale on 16 June 2007 which amount was not less than the commercial quantity for that drug.
On appeal this Court quashed the conviction that had been entered against the applicant on the basis that the conviction was unreasonable or could not be supported by the evidence.
At the conclusion of the appeal, after the Court delivered judgment, the applicant made an application for a Certificate under s2(1)(b) of the CCC Act. At that time the Court indicated that the application could be dealt with by way of written submissions from both parties. For reasons not clear, submissions were not filed until July 2013 on behalf of the applicant and December 2013 on behalf of the Crown. The Court received oral submissions on…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Beatson v R

Details

AGLC: Beatson v R [2015] NSWCCA 17
Case: [2015] NSWCCA 17
Decision Date: 27 February 2015

CaseChat Overview and Summary

Beatson was charged with possessing drugs for supply and convicted in the County Court of Victoria. The applicant appealed to the Court of Appeal of the Supreme Court of Victoria, which quashed the conviction and ordered a retrial. The applicant applied for costs under the Costs in Criminal Cases Act 1967. The Crown opposed the application, asserting that the applicant's conviction was quashed due to an irregularity in the trial process, not due to a lack of evidence. The court had to determine whether the applicant was entitled to costs under the Act, and if so, whether a certificate should be granted to cover legal costs and disbursements incurred during the appeal.
The court reviewed the evidence presented during the trial and concluded that there was never sufficient evidence to convict the applicant. It was not reasonable for the Crown to institute proceedings. The court found that the applicant met the criteria for a costs certificate as set out in section 5 of the Costs in Criminal Cases Act 1967. The applicant was entitled to a costs certificate to cover the costs and disbursements incurred in the appeal. The court granted the application for a costs certificate and ordered that the applicant be paid $13,500 in costs and disbursements.

Orders