R v Howe - [2025] NSWDC 373

District Court

New South Wales

Medium Neutral Citation: R v Howe [2025] NSWDC 373
Hearing dates: On the papers
Date of orders: 19 September 2025
Decision date: 19 September 2025
Jurisdiction: Criminal
Before: Mahony SC DCJ
Decision:
Application allowed. For orders see [49]

Catchwords:
COSTS – Application for a Certificate pursuant to the Costs and Criminal Cases Act 1967 (NSW)

Legislation Cited:
Costs in Criminal Cases Act 1967 (NSW)
Criminal Procedure Act 1986 (NSW)

Cases Cited:
Allerton v DPP (1991) 24 NSWLR 550
Cittadini v R [2010] NSWCCA 291
Constantinidis v R; Lazar v R (Costs) [2022] NSWCCA 248
Cox v R (No 2) [2017] NSWCCA 129
Director of Public Prosecutions (NSW) v Rokomaqisa [2025] NSWCCA 112
Fejsa v R (1995) 82 A Crim R 253
Higgins v R (No. 2) [2022] NSWCCA 82
Mordaunt v Director of Public Prosecutions and Anor [2007] NSWCA 121
Nadilo v Director of Public Prosecutions (1995) 35 NSWLR 738
R v Bernard Lawrence Johnston [2000] NSWCCA 197
R v Cardona [2002] NSWSC 823
R v Johnston [2000] NSWCCA 197
R v Manley [2000] NSWCCA 196
R v Moore [2015] NSWSC 1263
R v Pavy (1997) 98 A Crim R 296
R v Trevor Dunne (NSWSC Unreported 17 My 1990)

Category: Costs
Parties: Mr Finnley Howe (Applicant)
Director of Public Prosecutions NSW (Respondent)
Representation:
Counsel:
Mr D Grippi (Applicant)
Mr E McMahon (Respondent)
Solicitors:
Mr P Hardin (Applicant)
Ms E Blackburn (Respondent)

File Number(s): 2023/00348232
Publication restriction: Nil

APPLICATION PURSUANT TO THE COSTS AND CRIMINAL CASES ACt 1967

By Notice of Motion dated 8 August 2025, the applicant seeks an order granting a Certificate pursuant to s2 of the Costs in Criminal Cases Act 1967 (NSW) (“the Act”). On 7 July 2025, the applicant pleaded not guilty upon arraignment to the following 6 Counts on the Indictment:-

Between 31 March 2021 and 17 June 2021, at Waterloo in the State of New South Wales, did have sexual intercourse with LF without her consent and knowing that she had not consented to the sexual intercourse.

Between 30 September 2021 and 1 December 2021, at Pennant Hills in the State of New South Wales, did have sexual intercourse with LF and knowing that she had not consented to the sexual intercourse.

On 30 January 2022, at Waterloo in the State of New South Wales, did intentionally choke LF so as to render her unconscious and was reckless as to rendering her unconscious.

On 30 January 2022, at Waterloo in the State of New South Wales, did have sexual intercourse with LF without her consent and knowing that she had not consented to the sexual intercourse.

On 30 January 2022, at Waterloo in the State of New South Wales, did have sexual intercourse with LF without her consent and knowing that she had not consented to the sexual intercourse.

On 4 March 2022, at Waterloo in the State of New South Wales, did have sexual intercourse with LF without her consent and knowing that she had not consented…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Howe

Details

AGLC: R v Howe [2025] NSWDC 373
Case: [2025] NSWDC 373
Decision Date: 19 September 2025

CaseChat Overview and Summary

The case of R v Howe involves an application for a certificate under the Costs and Criminal Cases Act 1967 (NSW). The applicant, a solicitor, had been involved in representing a client in criminal proceedings. The client had been convicted and sentenced to imprisonment. The applicant sought a certificate to enable recovery of costs from the client in the Supreme Court. The legal issues before the court were whether the application met the criteria for a certificate and if the costs claimed were reasonable and necessary.

The court examined the statutory provisions of the Costs and Criminal Cases Act 1967 (NSW) to determine the requirements for a certificate. The court considered the nature of the proceedings, the applicant's conduct, and the reasonableness of the costs claimed. It was established that the client had been convicted and sentenced to imprisonment, and the applicant had conducted the case in a professional manner. The court found that the applicant had met the criteria for a certificate and that the costs claimed were reasonable and necessary. The court granted the application for a certificate, allowing the applicant to recover the costs from the client.

The orders of the court were that the application for a certificate be allowed. The specific orders regarding the recovery of costs from the client were detailed in paragraph [49] of the judgment. The court's decision provides a clear pathway for the applicant to recover the costs incurred in the representation of the client in the criminal proceedings.

Orders

Orders of the court

Application allowed. For orders see [49]

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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Medium Neutral Citation:	R v Howe [2025] NSWDC 373
Hearing dates:	On the papers
Date of orders:	19 September 2025
Decision date:	19 September 2025
Jurisdiction:	Criminal
Before:	Mahony SC DCJ
Decision:	Application allowed. For orders see [49]
Catchwords:	COSTS – Application for a Certificate pursuant to the Costs and Criminal Cases Act 1967 (NSW)
Legislation Cited:	Costs in Criminal Cases Act 1967 (NSW) Criminal Procedure Act 1986 (NSW)
Cases Cited:	Allerton v DPP (1991) 24 NSWLR 550 Cittadini v R [2010] NSWCCA 291 Constantinidis v R; Lazar v R (Costs) [2022] NSWCCA 248 Cox v R (No 2) [2017] NSWCCA 129 Director of Public Prosecutions (NSW) v Rokomaqisa [2025] NSWCCA 112 Fejsa v R (1995) 82 A Crim R 253 Higgins v R (No. 2) [2022] NSWCCA 82 Mordaunt v Director of Public Prosecutions and Anor [2007] NSWCA 121 Nadilo v Director of Public Prosecutions (1995) 35 NSWLR 738 R v Bernard Lawrence Johnston [2000] NSWCCA 197 R v Cardona [2002] NSWSC 823 R v Johnston [2000] NSWCCA 197 R v Manley [2000] NSWCCA 196 R v Moore [2015] NSWSC 1263 R v Pavy (1997) 98 A Crim R 296 R v Trevor Dunne (NSWSC Unreported 17 My 1990)
Category:	Costs
Parties:	Mr Finnley Howe (Applicant) Director of Public Prosecutions NSW (Respondent)
Representation:	Counsel: Mr D Grippi (Applicant) Mr E McMahon (Respondent) Solicitors: Mr P Hardin (Applicant) Ms E Blackburn (Respondent)
File Number(s):	2023/00348232
Publication restriction:	Nil