Kruse v Commonwealth Director of Public Prosecutions

The applicant, Kruse, sought a costs certificate under the *Costs in Criminal Cases Act 1967* (NSW) following proceedings brought by the Commonwealth Director of Public Prosecutions. The dispute concerned whether the applicant was entitled to such a certificate in relation to an offence prosecuted under the *Corporations (NSW) Act 1990*. The matter was heard by Spigelman CJ, Sheller and Heydon JJA of the Court of Appeal of New South Wales.

The central legal issue before the Court was whether an offence prosecuted under the *Corporations (NSW) Act 1990* qualified for a costs certificate under the *Costs in Criminal Cases Act 1967* (NSW). This required the Court to determine the characterisation of an offence under the *Corporations (NSW) Act 1990* for the purposes of the *Costs in Criminal Cases Act 1967* (NSW), specifically whether it was an offence against the laws of New South Wales or the Commonwealth.

The Court reasoned that section 29(2) of the *Corporations (NSW) Act 1990* stipulated that for the purposes of a law of New South Wales, an offence under that Act was to be taken as an offence against the laws of the Commonwealth, and not against the laws of New South Wales. Consequently, the *Costs in Criminal Cases Act 1967* (NSW), which only permits the granting of a costs certificate where the relevant offence was against State law, could not apply to an offence prosecuted under the *Corporations (NSW) Act 1990*.

The application for a costs certificate was dismissed.