An application for a costs certificate under s 2 of the Costs in Criminal Cases Act 1967 (NSW) may be determined by a differently constituted bench of the Court of Criminal Appeal, not only by the bench that heard the substantive appeal. Public policy considerations such as the seriousness of the offence, public confidence in the justice system, and prevalence of the offence are irrelevant to the assessment of reasonableness under s 3(1)(a). Delay in making the application does not defeat it in the absence of demonstrated prejudice to the Crown, though the question of delay was not unanimous.
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