DPP v Roslyndale Shipping

(2004) 148 A Crim R 341; [2004] NSWCCA 262

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Criminal appeals
4. › Prohibition on costs in criminal appeals
5. › Whether s 17(1) Criminal Appeal Act precludes costs order on appeal under s 5D
6. › Criminal Appeal Act 1912 (NSW), ss 5D, 17(1)
1. Practice and Procedure
2. › Reopening proceedings
3. › Correction of penalty contrary to law
4. › Whether costs order amounts to penalty contrary to law
5. › Crimes (Sentencing Procedure) Act 1999 (NSW), s 43
1. Practice and Procedure
2. › Costs
3. › Jurisdiction to award costs where no jurisdiction on merits
4. › Whether court may award costs on issue over which it lacked jurisdiction
5. › Criminal Appeal Act 1912 (NSW), s 17(1)

Quick Take

Section 17(1) of the Criminal Appeal Act 1912 (NSW) applies to appeals under s 5D, precluding any costs order. A costs order made on such an appeal is a 'penalty contrary to law' that may be corrected under s 43 of the Crimes (Sentencing Procedure) Act 1999. The mere fact that the court lacked jurisdiction over one issue in the appeal does not, without abuse of process, provide a basis for a partial costs order on that issue.