The phrase 'before the proceedings were instituted' in s 3(1)(a) of the Costs in Criminal Cases Act 1967 (NSW) refers only to the commencement of proceedings by filing a court attendance notice or equivalent process, not to later steps such as committal for trial or commencement of trial in the District Court or Supreme Court.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
2 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.