Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Hannah Quinn (No 2) [2021] NSWSC 494 Hearing dates: 23 April 2021 Date of orders: 7 May 2021 Decision date: 07 May 2021 Jurisdiction: Common Law Before: N Adams J Decision: See [166].
Catchwords: CRIMINAL PROCEDURE — Costs — Costs in Criminal Cases Act 1967 (NSW) – where trial judge directed a verdict of not guilty to the charge of murder – whether if prosecution had all relevant facts it would have been reasonable to institute proceedings – whether an issue of credibility or reliability – where evidence of key witness was unreliable and internally inconsistent – where Crown opposed cross-examination of the witness at committal hearing – where witness was suffering mental health issues – where witness made allegations about the conduct of the Crown Prosecutor – where witness not called at trial – whether Crown case significantly weakened by evidentiary rulings – whether verdict by direction wrong – certificate granted
Legislation Cited: Costs in Criminal Cases Act 1967 (NSW), ss 2, 3, 3A 4
Criminal Procedure Act 1986 (NSW), ss 82, 141, 298
Evidence Act 1995 (NSW), ss 18, 55, 65, 128, 137
Legal Aid Commission Act 1979 (NSW), s 42
Cases Cited: Beatson v R [2015] NSWCCA 17
Chahal v DPP [2008] NSWCA 152; (2008) 185 A Crim R 580
McAuliffe v The Queen (1995) 183 CLR 108; [1995] HCA 37
Mordaunt v Director of Public Prosecutions & Anor [2007] NSWCA 121; (2007) 171 A Crim R 510
R v Blake Davis [2021] NSWSC 235
R v Davis and Quinn (No 1) [2020] NSWSC 1615
R v Davis and Quinn (No 4) [2020] NSWSC 1800
R v Hannah Quinn (No 1) [2021] NSWSC 493
R v Hawat (No 6) [2020] NSWSC 532
R v Johnston [2000] NSWCCA 197
R v Loeung (No 2) [2019] NSWSC 1691
R v Moore [2015] NSWSC 1263
R v Pavy (Court of Criminal Appeal, unreported, 9 December 1997)
Regina v Jonathon Harold Manley (2000) 49 NSWLR 203; [2000] NSWCCA 196
Category: Costs Parties: Regina (Crown)
Hannah Quinn (Accused)Representation: Counsel:
Solicitors:
Mr C Taylor/Ms G Edwards (Crown)
Mr T Hughes (Hannah Quinn)
Solicitor for Public Prosecutions (Crown)
MacDougall & Hydes Lawyers (Hannah Quinn)
File Number(s): 2018/00248991 Publication restriction: Nil
Judgment
The application
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On 16 November 2020, Hannah Quinn pleaded not guilty on indictment before me to a charge that on 10 August 2018 she, along with her boyfriend Blake Davis, murdered Jett McKee. The Crown case was that Mr Davis had killed Mr McKee by striking him to the head with a samurai sword. Ms Quinn was charged with having formed a joint criminal enterprise with Mr Davis to murder Mr McKee. She was also charged, and pleaded not guilty to, the alternative charge of being an accessory after the fact to murder. A trial proceeded before me and a jury of twelve.
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The Crown case against Ms Quinn closed on Wednesday 9 December 2020. At…
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- Case
- [2021] NSWSC 494
- Decision Date
CaseChat Overview and Summary
The central legal issues that the court needed to resolve were whether it would have been reasonable for the prosecution to proceed with the case, given that they had all relevant facts at their disposal, and whether the issue was one of credibility or reliability of the evidence. The court also considered whether the Crown's case was significantly weakened by evidentiary rulings, and whether the verdict by direction was erroneous.
In determining these issues, the court found that the evidence of a key witness was unreliable and internally inconsistent. The witness had made allegations about the conduct of the Crown Prosecutor and was suffering from mental health issues. The Crown had opposed cross-examination of the witness at the committal hearing, and the witness was not called at trial. The court held that the Crown case was significantly weakened by the evidentiary rulings, and that the verdict by direction was incorrect. Consequently, the court granted a certificate, allowing the defendant to apply for costs.
The final orders of the court were not detailed in the text provided, but the granting of a certificate signified that the defendant could proceed with an application for costs under the relevant Act.
Orders
Orders of the court
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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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