R v Hawat (No 6)

In the matter of the Director of Public Prosecutions v Hawat, the respondent was charged with being an accessory before the fact to the murder of a man. The applicant sought to recover costs from the respondent under section 2 of the Costs in Criminal Cases Act 1967 (NSW). The application was heard by the Supreme Court of New South Wales. The primary legal issue before the court was whether the respondent was eligible for a certificate under the statute, which would enable the applicant to recover costs from him. The court had to consider whether the respondent had the means to pay the costs, and whether it was just and convenient for him to do so.
The court found that the respondent did have the means to pay the costs, and that it was just and convenient for him to do so. The respondent had been convicted of being an accessory before the fact to the murder of a man, and had been sentenced to a lengthy period of imprisonment. The court noted that the respondent had been involved in a joint criminal enterprise, and had played a significant role in the commission of the crime. The court also found that the respondent had failed to make any application to the Legal Aid Commission for assistance with his legal costs, and had not made any contribution towards the costs of the prosecution. The court therefore granted the applicant's application for a certificate under the statute, enabling the applicant to recover costs from the respondent. The court ordered that the respondent pay the costs of the prosecution, in the amount of $116,000.