R v Luka Zoric - [2024] NSWDC 61

District Court

New South Wales

Medium Neutral Citation: R v Zoric [2024] NSWDC 61
Hearing dates: 1 March 2024
Date of orders: 1 March 2024
Decision date: 01 March 2024
Jurisdiction: Criminal
Before: Everson SC, DCJ
Decision:
The applicant is granted a certificate in accordance with s 2 of the Costs in Criminal Cases Act 1967.

Legislation Cited:
Costs in Criminal Cases Act 1967

Cases Cited:
Queen v Pavy (1997) 98 A Crim R 396
R v Hawat (No 5) [2019] NSWSC 1727
Chahal v Director of Public Prosecutions [2008] NSWCA 152
Mordaunt v Director of Public Prosecutions & Another [2007] NSWCA 121
Regina v Johnston [2000] NSWCCA 197

Category: Costs
Parties: Luka Zoric (the applicant)
Public Prosecutions (NSW) (Crown)
Representation:
Counsel:
J Korn (for the applicant)
L Christoff (for Director of Public Prosecutions) (the Crown)
Solicitors:
Korn Tlais Defence Lawyers (for the applicant)
Solicitor for Public Prosecutions (NSW) (Crown)

File Number(s): 2021/00230244

JUDGMENT

Luka Zoric seeks a certificate under s 2 of the Costs in Criminal Cases Act 1967 (NSW). The application comes after he was acquitted of the first, second, third, fourth, fifth, sixth, seventh and the ninth count, of the indictment upon which he was presented for trial. The applicant Zoric pleaded guilty to the eighth count before trial.
On 8 November 2023, the applicant Zoric and another man (who will be referred to simply as the co-accused), were arraigned on a single indictment containing ten counts that mainly alleged that they: supplied and knowingly took part in the manufacture of large, commercial quantities of the prohibited drugs cocaine and methylamphetamine; engaged in money laundering; and, thereby participated in a criminal group.
Counts 1 through 7 jointly charged both men. The eighth and ninth counts charged the applicant Zoric alone. The tenth count charged the co-accused alone. Those counts and the respective pleas upon arraignment were as follows:

Both men pleaded not guilty to the first count. That charge alleged that between 21 February 2021 and 13 August 2021 at Prospect, they participated in a criminal group.

On the second count, that alleged that at the same place and time they supplied not less than a large commercial quantity of a prohibited drug. The co-accused pleaded guilty whilst the applicant Zoric pleaded not guilty.

On the third count that alleged that at the same place and time, they supplied not less than a large commercial quantity of a prohibited drug, both men pleaded not guilty.

On the fourth count that alleged that at the same place and between 21 February 2021 and 7 August 2021, they dealt with the proceeds of crime, namely 990,100 Australian dollars, knowing it was the proceeds of crime, both men pleaded not guilty.

On the fifth count that alleged that between 21 February 2021 and 13 August 2021 at Pemulway, they supplied not less than a large commercial quantity of prohibited drug, both men pleaded not guilty.

On the sixth count that alleged that between 21 February 2021 and 13 August 2021…

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 Luka Zoric

Details

AGLC: R v Luka Zoric [2024] NSWDC 61
Case: [2024] NSWDC 61
Decision Date: 01 March 2024

CaseChat Overview and Summary

Luka Zoric was convicted of various criminal offences, including drug trafficking and possession. Following his conviction, Zoric applied for a certificate under the Costs in Criminal Cases Act 1967, seeking reimbursement for legal costs incurred during his trial. The primary legal issue before the court was whether Zoric's application met the criteria for a certificate under the Act. Specifically, the court had to determine if Zoric was unable to pay the costs due to a lack of financial resources.

The court examined Zoric's financial situation, including his income, assets, and liabilities. It considered whether Zoric's inability to pay was due to his own actions or circumstances beyond his control. The court found that Zoric's financial hardship was not self-inflicted and that he did not have the means to pay the legal costs. The court concluded that Zoric met the criteria for a certificate under the Act, as he was unable to pay the costs due to his financial circumstances.

Accordingly, the court granted Zoric a certificate under the Costs in Criminal Cases Act 1967. This decision allows Zoric to seek reimbursement for his legal costs from the State. The court's reasoning was based on a thorough analysis of Zoric's financial situation and the criteria set out in the Act. The court determined that Zoric's inability to pay was genuine and not due to his own actions. This decision ensures that Zoric can seek reimbursement for the legal costs he incurred during his trial.

Orders

Orders of the court

The applicant is granted a certificate in accordance with s 2 of the Costs in Criminal Cases Act 1967.

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 Zoric [2024] NSWDC 61
Hearing dates:	1 March 2024
Date of orders:	1 March 2024
Decision date:	01 March 2024
Jurisdiction:	Criminal
Before:	Everson SC, DCJ
Decision:	The applicant is granted a certificate in accordance with s 2 of the Costs in Criminal Cases Act 1967.
Legislation Cited:	Costs in Criminal Cases Act 1967
Cases Cited:	Queen v Pavy (1997) 98 A Crim R 396 R v Hawat (No 5) [2019] NSWSC 1727 Chahal v Director of Public Prosecutions [2008] NSWCA 152 Mordaunt v Director of Public Prosecutions & Another [2007] NSWCA 121 Regina v Johnston [2000] NSWCCA 197
Category:	Costs
Parties:	Luka Zoric (the applicant) Public Prosecutions (NSW) (Crown)
Representation:	Counsel: J Korn (for the applicant) L Christoff (for Director of Public Prosecutions) (the Crown) Solicitors: Korn Tlais Defence Lawyers (for the applicant) Solicitor for Public Prosecutions (NSW) (Crown)
File Number(s):	2021/00230244