District Court
New South Wales
Medium Neutral Citation: R v Parkes (Costs) [2025] NSWDC 288 Date of orders: 5 August 2025 Decision date: 05 August 2025 Jurisdiction: Criminal Before: Fitzsimmons SC DCJ Decision: 42 I make the following order: –
(1) I grant to Andre Parkes a certificate pursuant to ss 2 and 3 of the Costs of Criminal Cases Act 1967 (NSW) in relation to the whole of the proceedings.
Catchwords: CRIMINAL LAW – PROCEDURE – costs – application for costs certificate – Costs in Criminal Cases Act 1967 – ss 2, 3, 3A – principles – not reasonable to institute proceedings – inconsistent identification evidence – unreliable evidence of victim witnesses – alibi evidence not investigated – reasonable alibi evidence
Legislation Cited: Costs in Criminal Cases Act 1967 (NSW)
Cases Cited: Mordaunt v Director of Public Prosecutions & Anor [2007] NSWCA 121
Category: Costs Parties: Rex
Andre Benjamin ParkesRepresentation: Counsel:
Solicitors:
Amarande Chauvet (Applicant)
Dion Carnell (Crown)
First Choice Legal (Applicant)
Solicitor for Public Prosecutions (NSW) (Crown)
File Number(s): 2022/00158614
JUDGMENT
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The applicant makes an application for a certificate under the Costs in Criminal Cases Act 1967 (NSW) (‘the Act') following verdicts of not guilty on four counts. The verdicts were entered following a Judge-alone trial (special hearing): R v Parkes [2025] NSWDC 144 (Parkes).
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The application is opposed by the Crown.
Background
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On the night of 12 May 2022, George Beshara (Beshara) and Leanne Jones (Jones) were the victims of a violent home invasion at their home in Toongabbie perpetrated by two individuals.
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There is no issue that one of the individuals, Lealofi Namulauulu (the co-offender), was involved in the home invasion whilst armed with a .38 super calibre pistol. The two intruders forced their way into the house. Beshara was assaulted by the two assailants before being forced by the second offender up the stairs and into a bedroom containing several safes.
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In the meantime, Namulauulu remained in the downstairs living area of the house taking property, at gunpoint, from several victims, including Jones. At some point thereafter Namulauulu and Jones made their way upstairs and entered the same bedroom where the second offender was with Beshara. Beshara engaged in physical altercations with the second offender and Namulauulu. During this time, a shot was fired from the pistol resulting in a hole in the bedroom wall.
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Namulauulu and his co-offender then fled the scene following which Beshara smashed the upper bedroom window before yelling out to ring the police.
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Namulauulu pleaded guilty to several offences arising from the home invasion. The sentence hearing involved several witnesses, including the two victims, giving evidence on disputed facts.
The pertinent findings on the special hearing
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It was the Crown case that the second offender was the applicant which was denied by him. The central issue was the identification of the applicant.
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In entering verdicts of not guilty to each of the counts on the indictment, the Court made the following…
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- R v Parkes (Costs) [2025] NSWDC 288
- Case
- [2025] NSWDC 288
- Decision Date
CaseChat Overview and Summary
The central legal issues the court had to address were whether the prosecution was not reasonable due to inconsistent identification evidence, unreliable victim witness testimony, and the failure to investigate alibi evidence that was both reasonable and presented. The applicant argued that the prosecution should not have proceeded given the weaknesses in the evidence against him, and that these factors warranted a costs certificate.
The court considered the principles governing the grant of a costs certificate, particularly the provisions of the Costs of Criminal Cases Act 1967. It examined the nature and weight of the evidence presented, the reliability of the identification evidence, and the reliability of the victim witnesses' testimonies. The court also assessed the significance of the uninvestigated alibi evidence and its potential impact on the proceedings. Ultimately, the court found that the prosecution was not reasonable due to the aforementioned factors and granted the applicant a certificate for costs in relation to the whole of the proceedings.
Orders
Orders of the court
42 I make the following order: –
(1) I grant to Andre Parkes a certificate pursuant to ss 2 and 3 of the Costs of Criminal Cases Act 1967 (NSW) in relation to the whole of the proceedings.
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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