Bowman v The Queen

[2015] NSWDC 379

District Court

New South Wales

Medium Neutral Citation:	BOWMAN v R [2015] NSWDC 379
Hearing dates:	12/06/2015
Decision date:	02 October 2015
Jurisdiction:	Criminal
Before:	Judge S Norrish QC
Decision:	Certificate granted.
Catchwords:	Criminal - Costs application, drive in a manner dangerous to another person occasioning death.
Legislation Cited:	Costs in Criminal Cases Act 1967 Crimes Act 1900 Criminal Procedure Act 1986
Cases Cited:	Allerton v Director of Public Prosecutions (1991) 24 NSWLR 550 R v Cardona [2002] NSWSC 823 Cittidini v R [2010] NSWCCA 291 DJ v Director of Public Prosecutions [2000] (NSWSC 1092 R v Johnston [2000] NSWCCA 197 Kamali v R [2013] NSWSC 799 Mordaunt v DPP [2007] NSWCA 121 R v Pavy (1997) 98 A Crim R 396 R v Dunne (NSWSC unreported 17 May 1990 per Hunt J R v Tooes [2008] NSWSC 291 Ramskogler v DPP (1995) 82 A Crim R 128
Category:	Costs
Parties:	Steven John Bowman – Application Director of Public Prosecutions - Respondent
Representation:	Counsel: Ms S Kluss - Applicant Mr L Shaw – Respondent   Solicitors: Hadden Kemp Solicitors - Applicant Director of Public Prosecutions - Respondent
File Number(s):	2013/2701

Judgment

Introduction

1. HIS HONOUR: In this matter application is made by Steven Bowman, an accused person who was tried before me in June 2015, following upon his acquittal on 10 June 2015 in respect of a charge that he on 31 December 2012 at Narrabri in the State of New South Wales did drive a motor vehicle namely a Holden Commodore in a manner dangerous to another person, whereby the vehicle was involved in an impact as a result of which the death of Kim Barns was occasioned.

2. The application the accused makes is pursuant to the Costs in Criminal Cases Act, 1967, herein after referred to as ‘the Act’, pursuant to s 2 of the Act. The trial was a trial by judge alone and the judgment that I gave in relation to the matter was published on 10 June 2015.

3. The accused was found ‘not guilty’, hence the jurisdiction to consider an application for a “certificate” under the Act. I indicate from the outset that I am proposing to issue a certificate to the accused.

4. The Crown and the defence appeared before me in August this year, as I just briefly explained to the legal representatives of the parties in court today who were not here on the last occasion, and prepared and produced written submissions which were in agreement as to the legal issues to be applied in relation to the matter. In respect of the application made by the accused, the applicant relies upon evidence in the trial including exhibits, oral evidence and other documents produced through oral evidence to the Court. The prosecution relies upon the material at trial but also relies upon additional material produced and admitted without objection, produced pursuant to s 3A of the Act. I will refer to that material shortly.

Relevant legislation and principles to be applied

5. The Costs in