Mordaunt v DPP

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.