R v DT

[2021] NSWDC 546

District Court

New South Wales

Medium Neutral Citation:

R v DT [2021] NSWDC 546

Hearing dates:

13/10/21

Date of orders:

14/10/21

Decision date:

14 October 2021

Jurisdiction:

Criminal

Before:

Bourke SC DCJ

Decision:

I grant a certificate under the Costs Act

Catchwords:

Crime - Costs

Legislation Cited:

Costs in Criminal Cases Act 1967

Cases Cited:

Cox v R (No 2) [2017] NSWCCA 129

Mordaunt v Director of Public Prosecutions [2007] NSWCCA 121; 171 A Crim R 510

R v Greentree [2019] NSWSC 216

R v Johnston [2000] NSWCCA 197

Category:

Costs

Parties:

NSW DPP – Crown
DT - Applicant

Representation:

Counsel:
Ms S Gul for Crown
Ms R McMahon for Applicant

File Number(s):

19/278028

Publication restriction:

Non-publication of the identity of the complainant.
The name of the applicant is anonymised.

Judgment on application for costs under the costs in criminal cases act 1967

1. This is an application for the grant of a certificate under s.2 of the Costs in Criminal Cases Act 1967 (the “Costs Act”), following the discontinuation of proceedings against the applicant on 23/7/21.

2. The essential allegations were in summary as follows. The complainant and the applicant were married in January 2018, and lived in a unit at Sydney.

3. Count 1 of the indictment was a charge of sexual intercourse without consent in circumstances of aggravation namely the infliction of actual bodily harm immediately after the sexual assault. It was alleged that on 25 January 2019, after the complainant and the applicant had been watching a movie, the applicant made sexual advances towards the complainant, which she resisted, indicating that she was having her period and wearing a tampon. However it was alleged that the applicant continued, and ultimately penetrated the complainant’s vagina with his penis, after which he struck her with a telephone charger cord, as a result of her struggling with him.

4. Count 2 was a charge of sexual intercourse without consent, under which it was alleged that on 2 April 2019, the applicant carried the complainant to the bedroom where he engaged in penile vaginal intercourse for around 40 minutes, upon which the complainant said she was in pain and could not cope with it anymore and wanted it to stop. However it was alleged that the accused continued, and forced the complainant’s legs open with his hands leaving scratches on her right thigh, which the complainant later photographed.

5. Count 3 was a charge of intentionally inflicting actual bodily harm with intent to have sexual intercourse. Count 4 was an alternative allegation of assault occasioning actual bodily harm. In support of these counts it was alleged that on 4 May 2019, the applicant entered the complainant’s bedroom holding a knife blade, and pushed the complainant onto the bed, after which he pointed a pair of scissors at her face. It was alleged that after this he said “I want it, so I’ll get it”, and that when the complainant said no, the applicant stabbed her in her left foot with the blade…