A successful appellant in s 5AE stated case proceedings under the Criminal Appeal Act 1912 (NSW) may be awarded costs on the basis that success on the submitted questions is a ground connected with the proceedings. The principle of double jeopardy has no application to the exercise of the costs discretion under s 5AE(2). The statutory bar on costs in s 17(1) of the Act does not extend to s 5AE proceedings.
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