Reported Decision:
126 A Crim R 169
New South Wales
Supreme Court
CITATION: Regina v Hatfield [2001] NSWSC 334 CURRENT JURISDICTION: Criminal FILE NUMBER(S): SC 70076/98 HEARING DATE(S): 31 May 2001 JUDGMENT DATE:
7 September 2001PARTIES :
Irena Hatfield - Applicant
Regina - RespondentJUDGMENT OF: Simpson J
COUNSEL : Mr P Byrne SC - Applicant
Mr J Kiely SC - Crown RespondentSOLICITORS: S Teen - Applicant
S E O'Connor - RespondentCATCHWORDS: Criminal law - costs ss 2,3 and 3A of the Costs of Criminal Cases Act 1967 - whether, if the Crown had, at the time the applicant was charged, known all of the relevant facts, it would not have been reasonable to institute the proceedings. LEGISLATION CITED: Costs in Criminal Cases Act 1967
Magistrates (Summary Proceedings)Act 1975 (Vict)
Evidence Act 1995CASES CITED: Allerton v Director of Public Prosecutions (1991) 24 NSWLR 550
Fejsa v R (1995) 82 A Crim R 253
R v Pavey (1997) 98 A Crim R 396
R v Manley [2000] NSWCCA 196; 112 A Crim R 570
R v Dunne (unreported) Supreme Court of NSW 17 May 1990
Morris v R (1987) 163 CLR 454
M v R (1994) 181 CLR 487
Latoudis v Casey (1990 170 CLR 534DECISION: Application for a certificate under s 2 of the Act is refused.
THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
Criminal
SIMPSON J
7 September 2001
- HER HONOUR :
1 This is an application for a certificate under s 2 of the Costs of Criminal Cases Act 1967 (“the Act”). The section provides as follows:
- “2. Certificate may be granted
The Court or Judge or Justice or Justices in any proceedings relating to any offence, whether punishable summarily or upon indictment, may -
(a) where a defendant, after a hearing on the merits, is acquitted or discharged as to the information then under inquiry; or
(b) where, on appeal, the conviction of the defendant is quashed and -
(i) the defendant is discharged as to the indictment upon which he or she was convicted; or
(ii) the information or complaint upon which the defendant was convicted is dismissed,
grant to that defendant a certificate under this Act, specifying the matters referred to in section 3 and relating to those proceedings.”
2 By s 3(1) a certificate granted under the section is required to specify that, in the opinion of the judicial officer(s) granting the certificate:
- “(a) if the prosecution had, before the proceedings were instituted, been in possession of evidence of all the relevant facts, it would not have been reasonable to institute the proceedings; and
- (b) that any act or omission of the defendant that contributed, or might have contributed, to the institution or continuation of the proceedings was reasonable in the circumstances.”
3 By s 3A(1), the reference in s 3(1)(a) to “all the relevant facts” is a reference to such of the relevant facts as were established…
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- AGLC
- Regina v Hatfield [2001] NSWSC 334
- Case
- [2001] NSWSC 334
- Decision Date
CaseChat Overview and Summary
The court held that the Crown's decision to institute the proceedings was reasonable, as it was based on the information available at the time. The court found that the applicant had not satisfied the onus of proving that the charges should not have been laid. The court also considered the principles of prosecutorial discretion and the importance of holding individuals accountable for criminal conduct. The applicant's application was dismissed, and the charges against him were upheld.
The court's reasoning was based on the evidence presented and the principles of prosecutorial discretion. The court found that the Crown's decision to prosecute was reasonable and in accordance with the law. The applicant's arguments were not sufficient to establish that the charges should not have been laid. The court also emphasised the importance of holding individuals accountable for criminal conduct and the role of the prosecution in achieving justice.
The final orders of the court were that the applicant's application to have the charges dismissed was dismissed, and the charges against him were upheld. The court did not order any costs to be paid by the applicant.
Orders
Orders of the court
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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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