R v Damien Wheeler (No. 2)

The matter in R v Damien Wheeler (No. 2) involved the respondent seeking an order for costs under the Costs in Criminal Cases Act 1967. The respondent had been acquitted of several charges following a trial. The respondent applied for costs, arguing that the prosecution's case was unreasonable to bring. The Crown opposed the application, arguing that there was a genuine prospect of conviction.

The court was required to determine whether the respondent's acquittal was due to the prosecution's case being unreasonable. The court noted that the prosecution's case was based on witness testimony, and there were inconsistencies in that testimony. The court also noted that the respondent's alibi was corroborated by other evidence, and that the prosecution's case relied heavily on the credibility of the witnesses. The court found that the prosecution's case was unreasonable to bring, and that the respondent's acquittal was due to the prosecution's case being unreasonable.

As a result, the court granted the respondent's application for costs under the Costs in Criminal Cases Act 1967, and issued a certificate accordingly. The court found that the respondent's acquittal was due to the prosecution's case being unreasonable, and that the respondent was entitled to costs. The court ordered that the respondent be paid costs in the amount of $50,000.