A finding that a verdict was unreasonable within s 6(1) of the Criminal Appeal Act 1912 (NSW) does not necessarily mean the institution of proceedings was unreasonable for the purposes of s 3(1)(a) of the Costs in Criminal Cases Act 1967 (NSW). In historical child sexual assault cases characterised as word against word on credibility, it will generally not be unreasonable for the prosecution to have instituted proceedings, even where the appeal court ultimately enters a verdict of acquittal.
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