The Court comprehensively restated the principles governing applications for costs certificates under ss 2, 3 and 3A of the Costs in Criminal Cases Act 1967 (NSW), extracting 18 distinct principles from the authorities at [36]. Where a prosecution case turns on competing accounts of credibility, it will generally be reasonable for the prosecution to have instituted proceedings, and the fact that charges were pragmatically withdrawn on appeal does not establish unreasonableness. The circumstances in which criminal proceedings are terminated are relevant to the s 3(1)(a) reasonableness inquiry.
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