Mordaunt v DPP

Case [2007] NSWCA 121
Reported Decision: 171 A Crim R 510

New South Wales


Court of Appeal


CITATION: Mordaunt v Director of Public Prosecutions & Anor [2007] NSWCA 121
This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 31 January 2007
 
JUDGMENT DATE: 
25 May 2007
JUDGMENT OF: Beazley JA at 1; Hodgson JA at 2; McColl JA at 3
DECISION: Amended summons dismissed with costs.
CATCHWORDS: CRIMINAL LAW – PROCEDURE – Costs - informations on which defendant convicted dismissed – application for costs certificate – Costs in Criminal Cases Act 1967 – ss 2, 3, 3A – principles. CRIMINAL LAW – Costs against Crown – discretion to grant certificate – Costs in Criminal Cases Act 1967 – whether trial judge considered facts and reasonableness issue. COSTS – certificate for costs – meaning of "relevant facts" – Costs in Criminal Cases Act 1967 – ss 3, 3A. COURTS AND JUDICIAL SYSTEM – Judges – apprehended bias – whether comment that a statement made from the bar table was “commonsense” demonstrated lack of impartiality.
LEGISLATION CITED: Costs in Criminal Cases Act 1967
Costs in Criminal Cases (Amendment) Act 1971
Justices Act 1902
CASES CITED: Acuthan v Coates (1986) 6 NSWLR 472
Allerton v Director of Public Prosecutions (1991) 24 NSWLR 550
Charara v The Queen [2006] NSWCCA 244; (2006) 164 A Crim R 29
Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd [2006] HCA 55; (2006) 81 ALJR 352
Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337
Fesja v R (1995) 82 A Crim R 253
Gianoutsos v Glykis [2006] NSWCCA 137; (2006) 65 NSWLR 539
Gwozdecky v Director of Public Prosecutions (1992) 65 A Crim R 160
Hot Holdings Pty Ltd v Creasey [1995] HCA 60; (1996) 185 CLR 149
Johnson v Johnson [2000] HCA 48; (2000) 201 CLR 488
Nadilo v Director of Public Prosecutions (1995) 35 NSWLR 738
R v Dunne (Hunt J, 17 May 1990, unreported)
R v Johnston [2000] NSWCCA 197
R v Manley [2000] NSWCCA 196; (2000) 49 NSWLR 203
R v McFarlane (Blanch J, 12 August 1994, unreported)
R v War Pensions Entitlement Appeal Tribunal; Ex parte Bott [1933] HCA 30; (1933) 50 CLR 228
R v Williams, Ex Parte Williams [1970] 1 NSWR 81
Ramskogler v Director of Public Prosecutions & Anor (1995) 82 A Crim R 128
Regina v Ahmad [2002] NSWCCA 282
Regina v Hatfield [2001] NSWSC 334; (2001) 126 A Crim R 169
Solomons v District Court of New South Wales [2002] HCA 47; (2002) 211 CLR 119
Treasurer in & for the State of New South Wales v Wade & Dukes (Court of Appeal, 16 June 1994, unreported, BC9402561)
PARTIES: George David Mordaunt - Claimant
District Court of New South Wales - First Opponent
Director of Public Prosecutions - Second Opponent
FILE NUMBER(S): CA 40479 of 2006
COUNSEL: Claimant in person
First opponent - submitting…

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Mordaunt v DPP [2007] NSWCA 121
Case
[2007] NSWCA 121
Decision Date

CaseChat Overview and Summary

The applicant, Mordaunt, sought a costs certificate under the *Costs in Criminal Cases Act 1967* (NSW) following the dismissal of informations upon which he had been convicted. The Director of Public Prosecutions (DPP) was the respondent. The matter came before the Court of Appeal of New South Wales.

The central legal issue was whether the trial judge had erred in refusing to grant a costs certificate. This required the Court to consider the principles governing the exercise of discretion under sections 2, 3, and 3A of the *Costs in Criminal Cases Act 1967*, particularly in relation to the meaning of "relevant facts" and the reasonableness of the prosecution's conduct.

The Court of Appeal held that the trial judge had failed to adequately consider the relevant facts and the reasonableness of the prosecution's actions when determining the application for a costs certificate. The Court emphasised that the discretion to grant a certificate was not unfettered and required a proper assessment of the circumstances surrounding the prosecution and the dismissal of the charges. The amended summons was dismissed with costs.

Orders

Orders of the court

Amended summons dismissed with costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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