R v Carbone (No. 2)

In the case of R v Carbone (No. 2), the appellant, Carbone, sought costs from the Crown for expenses incurred due to the Crown's failure to arrange witnesses for trial. This resulted in the trial being adjourned, causing the appellant to incur additional costs. The legal issues before the court were whether the fault lay with the prosecuting authorities, if such fault amounted to unfairness to the accused, what costs were reasonably payable, what costs were considered "thrown away," and whether the cancellation fees by Senior Counsel and solicitor were payable.

The court held that the fault lay with the prosecuting authorities, as the Crown's applications for leading evidence under s 65 and for adjournment were made on the first day of the trial. The court found that the Crown's failure to arrange witnesses for trial necessitated further enquiries that led to the adjournment. The court determined that the costs reasonably payable included cancellation fees by Senior Counsel and the solicitor, which were deemed payable. However, the court did not find the fault to amount to unfairness to the accused, and therefore, the appellant's application for a stay until costs were paid was dismissed.

In summary, the court found that the fault was on the part of the prosecuting authorities and that the cancellation fees by Senior Counsel and the solicitor were payable. However, the appellant's application for a stay until costs were paid was dismissed, as the fault did not amount to unfairness to the accused. The Crown was ordered to pay the reasonable costs incurred by the appellant due to the fault of the prosecuting authorities.