DJA v The King

DJA was charged with, and subsequently acquitted of, several offences, including aggravated assault occasioning actual bodily harm. DJA applied for a certificate under the Costs in Criminal Cases Act 1967 (NSW) to recover costs associated with the defence. The Attorney General opposed the application, contending that DJA had not acted honestly in the proceedings and had engaged in conduct that was vexatious, oppressive or abusive. DJA argued that the application should be granted in full, or alternatively, in part.

The court was required to determine whether DJA had acted honestly and whether any conduct was vexatious, oppressive or abusive. The court found that DJA had acted honestly throughout the proceedings, and did not engage in conduct that was vexatious, oppressive or abusive. The court held that DJA was entitled to recover costs in full. The Attorney General’s opposition was dismissed.

The applicant was granted a certificate under s 2 of the Costs in Criminal Cases Act 1967 (NSW). The court ordered that the applicant recover costs of the proceeding in the Supreme Court and the District Court.