Birdon Dredging Pty Ltd v McDonagh on behalf of Council of Great Lakes

[2001] NSWCCA 138

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Criminal appeals
4. › Whether Court of Criminal Appeal has jurisdiction to award costs of appeal
5. › Criminal Appeal Act, s 17
1. Practice and Procedure
2. › Costs
3. › Criminal appeals
4. › Power to make costs order concerning first instance proceedings
5. › Whether appellate court may exercise first instance court's costs power
6. › Criminal Appeal Act, ss 5AA, 5AB
7. › Land & Environment Court Act, s 52
1. Practice and Procedure
2. › Costs
3. › Successful defendant in criminal proceedings
4. › Whether defendant brought prosecution upon itself
5. › Relevance of prosecuting authority's knowledge of defendant's conduct
6. › Latoudis v Casey

Quick Take

The Court of Criminal Appeal has no jurisdiction to award costs of the appeal itself in criminal matters (s 17 Criminal Appeal Act), but may exercise the first instance court's costs power under ss 5AA and 5AB of the Criminal Appeal Act. Where a conviction is set aside on appeal, the trial judge's view that the defendant brought the prosecution upon itself loses weight, and the prosecuting authority's knowledge of the defendant's conduct without taking timely action is relevant to the costs discretion.