A defendant whose convictions on some counts of a multi-count indictment are quashed on appeal with verdicts of acquittal entered may apply for a costs certificate under s 2(1)(b)(i) of the Costs in Criminal Cases Act 1967 (NSW) in respect of those counts, even though a new trial has been ordered on other counts on the same indictment. The s 3(1)(a) reasonableness assessment may be satisfied where the complainant's evidence of regular and frequent abuse over an extended period is fundamentally irreconcilable with relatively uncontroversial evidence of the accused's whereabouts, without the need to weigh conflicting evidence or evaluate credibility.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
5 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.