R v SGH

[2023] NSWDC 66

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v SGH [2023] NSWDC 66

Hearing dates:

17 February 2023, 8 March 2023

Date of orders:

17 February 2023, 8 March 2023

Decision date:

23 March 2023

Jurisdiction:

Criminal

Before:

Wass SC DCJ

Decision:

Costs certificate granted

Catchwords:

CRIMINAL PROCEDURE — Costs — Costs in Criminal Cases Act 1967 (NSW) – Legal Aid Commission Applicant – Legal Aid Commission eligible for costs certificate — R v Rodden (Costs) [2022] NSWSC 1230 not followed

Legislation Cited:

Costs in Criminal Cases Act 1967 (NSW)

Criminal Procedure Act 1986 (NSW)

Legal Aid Commission Act 1979 (NSW)

Cases Cited:

Allerton v Director of Public Prosecutions (1991) 24 NSWLR 550;

Fleming v White, Gamble v Hiles (1981) 2 NSWLR 719, 7 A Crim R 448;

Higgins v R (No 2) [2022] NSWCCA 82;

Khoury v Hiar [2006] NSWCA 47;

Momcilovic v The Queen (2011) 245 CLR 1;

Mordaunt v Director of Public Prosecutions & Anor [2007] NSWCA 121; (2007) 171 A Crim R 510;

R v Dunne (Supreme Court of New South Wales, Hunt J, 17 May 1990);

R v Fesja (1995) 82 A Crim R 253;

R v Hannah Quinn (No 2) [2021] NSWSC 494;

R v Manley [2000] NSWCCA 196;

R v Rodden (Costs) [2022] NSWSC 1230;

R v Stuart Carrick [2003] NSWSC 313;

Wende v Horwath (NSW) Pty Limited [2014] NSWCA 170.

Texts Cited:

New South Wales, Costs in Criminal Cases Bill Second Reading, Legislative Assembly, 8 March 1967;

New South Wales, Costs in Criminal Cases Bill Second Reading, Legislative Council, 14 March 1967. 

Category:

Costs

Parties:

SGH (Applicant)
Office of the Director of Public Prosecutions (Respondent)

Representation:

Counsel:
Mr Roff (Applicant)
Ms Henry (Respondent)

Solicitors:
Ms Ilicic (Applicant)
Ms Walker (Respondent)

File Number(s):

DC 2018/00166568

Publication restriction:

Non-publication order in respect of the Applicant and the Complainants’ names.

JUDGMENT

Introduction

1. On 5 December 2022 in the District Court at Newcastle, the Applicant for costs stood trial by judge alone in respect of a 19-count Indictment, alleging offences by him against his four biological children – JLH (born 1999), KH (born 2000), HH (born 2003) and JH (born 2004).

2. I have referred to the Complainants and the Applicant by their initials so as not to identify the Complainants. I have referred to other witnesses by their first names for the same reason. No disrespect is intended by doing so.

3. On 13 December 2022, a verdict of acquittal was entered in respect of count 17 on the Indictment relating to JLH, there being no evidence of the alleged sexual assault.

4. On 15 December 2022, verdicts of acquittal were entered in respect of counts 2, 4, 5, 7, 8, 9 and 10 on the Indictment relating to KH, where there was no evidence to support at least one element of each count.

5. On 17 February 2023, I found the Applicant not guilty of the remaining counts on the Indictment.