M, L v Police

[2015] SASCFC 126

South Australia Full Court

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Criminal and quasi-criminal proceedings
4. › Costs following mixed verdict
5. › Defendant convicted on one count and acquitted on nine counts
6. › Whether prosecution was the successful party
7. › Whether adequate reasons given for costs decision
8. › Summary Procedure Act 1921 (SA), s 189
1. Practice and Procedure
2. › Costs
3. › Appeals as to costs
4. › Discretion
5. › Whether permission to appeal should be granted
6. › Whether costs order within broad discretion

Quick Take

In a mixed verdict case where the defendant is convicted of a serious charge but acquitted of the majority of charges, the prosecution may be treated as the successful party for costs purposes. The determination of the 'successful party' is not resolved simply by counting charges won and lost but involves a qualitative assessment within the court's broad costs discretion.

Case Details

Citation[2015] SASCFC 126

CourtSASCFC

JurisdictionSouth Australia

Unlock so much more with Barrister AI

The full text is available to signed-in members.

Relies on1

1990Latoudis v CaseyHCA 59

Create free account

Already have an account? Sign in