M, EG v Police (No 2)

[2007] SASC 416

SUPREME COURT OF SOUTH AUSTRALIA

(Full Court: Application)

M, EG v POLICE (NO 2)

[2007] SASC 416

Judgment of The Full Court

(The Honourable Justice Gray, The Honourable Justice Layton and The Honourable Justice Kelly)

21 November 2007

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - COSTS

PROCEDURE - COSTS

Application by appellant for costs of appeal - appeal allowed - appellant acquitted of two charges - appellant convicted on alternative charge.

Held: dismissing the application.  No order as to costs of the appeal.

M, EG v POLICE (NO 2)
[2007] SASC 416

Full Court: Gray, Layton and Kelly JJ

1. THE COURT:  On 16 April 2007, an appeal in this matter was allowed and convictions of causing death by dangerous driving and of causing bodily harm by dangerous driving were set aside and acquittals entered.  A conviction on an alternative charge of driving without due care was recorded.  The proceedings were remitted to the Youth Court for sentencing.  The appellant has now sought an order with respect to the costs of the appeal.

2. The Court is unanimous in the view that there should be no order as to costs.  In the circumstances and in particular having regard to the nature of the charges and to the conviction recorded, the Court declines to exercise its discretion to make a costs order.

3. The order of the Court is that there be no order as to the costs of the appeal.