Regina v JS (No 2)

(2007) 179 A Crim R 10; [2007] NSWCCA 309

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Jurisdiction, Practice and Procedure
3. › Costs in criminal jurisdiction
4. › Court of Criminal Appeal
5. › Whether power to award costs exists
6. › Absence of express or incidental power to order costs for appeal from directed acquittal
7. › Crimes (Appeal and Review) Act 2001 (NSW), s 107
1. Criminal Law
2. › Jurisdiction, Practice and Procedure
3. › Costs in criminal jurisdiction
4. › Criminal Appeal Act 1912 (NSW), s 17
5. › Whether provision that no costs shall be allowed applies to appeals brought under other legislation
6. › Scope of 'an appeal' in s 17(1)
1. Criminal Law
2. › Jurisdiction, Practice and Procedure
3. › Powers of Court of Criminal Appeal
4. › Statutory court
5. › Express and implied powers
6. › Incidental statutory powers
7. › Power to control abuse of process

Quick Take

Section 17 of the Criminal Appeal Act 1912 (NSW), which provides that no costs shall be allowed on appeals, applies to all appeals brought to the Court of Criminal Appeal including those under the Crimes (Appeal and Review) Act 2001 (NSW). There is no express or implied power to award costs in respect of appeals under Pt 8 of the Crimes (Appeal and Review) Act 2001 concerning acquittals. Even where a respondent successfully resists a Crown appeal, costs will not be awarded where a substantial proportion of the hearing time was devoted to unsuccessful arguments.