Jean Claude Perrottet v The Queen

District Court

New South Wales

Medium Neutral Citation:	Jean Claude Perrottet v R [2017] NSWDC 382
Hearing dates:	21 July 2017
Date of orders:	27 July 2017
Decision date:	27 July 2017
Jurisdiction:	Criminal
Before:	Judge S Norrish QC
Decision:	Costs certificate issued to the applicant. For orders see [123]
Catchwords:	CRIMINAL – Costs – three counts of sexual intercourse without consent
Legislation Cited:	Costs in Criminal Cases Act 1967 Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW)
Cases Cited:	AL v R [2017] NSWCCA 34 Allerton v Director of Public Prosecutions (NSW) (1991) 24 NSWLR 550 Attorney General of Queensland v Holland (1912) 15 CLR 46 BM v R [2017] NSWCCA 133 Cox v R (No.2) [2017] NSWCCA 129 Latoudis v Casey (1990) 170 CLR 534 Mordaunt v DPP [2007] NSWCA 121 R v Day [2017] NSWCCA 192 R v Dunne (Surpreme Court of NSW, unreported, 17 May 1990) R v Manley (2000) 49 NSWLR 203 R v Pavey NSWCCA (unreported 9 December 1997) Regina v Bernard Lawrence Johnston [2000] NSWCCA 197 Tonari v R [2013] NSWCCA 232
Category:	Costs
Parties:	Regina (Crown) Jean Claude Perrottet (Applicant)
Representation:	Counsel: Ms Gray (DPP Solicitor) Ms Moen (Counsel)
File Number(s):	2014/00104660
Publication restriction:	Nil

JUDGMENT

Introduction

1. Jean Claude Perrottet makes application for a certificate to be issued pursuant to s.2 Costs in Criminal Cases Act, 1967 (hereafter to be referred to as “the Act”) as a consequence of his acquittal on 10 August 2017.

2. The applicant was arraigned on 24 July 2017 in respect of the three charges of sexual intercourse without consent, which were allegedly committed on 17-18 October 2015 at or near St John’s College Camperdown. The relevant events occurring in the very late hours of Friday 17 October 2015 and the early hours of Saturday 18 October 2015. The application is made on the basis of the material presented at trial, supplemented by written submissions.

3. The course of the trial and the factual context of the application

4. The following facts were established from the evidence.The complainant was a 19 year old woman who was a resident at St John’s College in Missendon Road, Camperdown adjacent to Sydney University. The applicant, who was 18, was not a student of the University, or a resident of the College, but was a guest of a resident. The night of the relevant events (17 October) was the occasion of the St John’s College Formal. Various marquees, food and alcohol outlets were set up in the pave or front quadrangle of the College. Residents and guests were generally wearing formal wear (as was the applicant). Whilst the ‘Formal’ was conducted in the front quadrangle area there were a number of parties held throughout the College’s residential halls and an ‘After Party’ was conducted from about 10pm onwards in a fenced off lawn area on the eastern side of the main College building, referred to in the evidence as ‘The Lemon Grove’,…