Found Not Guilty on 7 Counts, No Penalty on Remaining Sequence, Costs Granted in Defence Favour

TI was charged with eight offences relating to a single traffic incident. Namely, ‘Assault Police Officer in execution of duty w/o ABH’, contrary to s 60(1) Crimes Act 1900, ‘Use offensive language in/near public place/school’, contrary to s 4a(1) Summary Offences Act 1988, two counts of ‘Resist Officer in execution of duty’, contrary to s 58 Crimes Act 1900, ‘Not comply with direction to stop/move etc light vehicle’, contrary to  s 67(1) Road Rules 2014, ‘Not stop at line (intersection with no lights), contrary to s 46(1) Road Rules 2014, ‘Disobey no left turn’, contrary to rule 91 Road Rules 2014 and ‘Not give left change of direction signal with lights’, contrary to s 46(1) Road Rules 2014.

A plea of ‘guilty’ was entered to the ‘Disobey no left turn’ offence and pleas of ‘not guilty’ were entered to the remaining 7 sequences. Chris Cole acted for TI in these matters.

The matters proceeded to Hearing on which occassion Chris cross examined the Officer in charge. TI was then called to give evidence. Ultimately, Her Honour found TI ‘not guilty’ for each of the offences to which he pleaded ‘not guilty’. Additionally, Her Honour was highly critical of the Officer in charge’s conduct, which was captured by a witness at the time of TI’s arrest, ultimately finding arrests on both occasions were unlawful.

Chris then made an application that the Prosecution pay TI’s professional costs. Her Honour subsequently made an order that NSW Police pay TI’s professional costs.

With respect to the offence which TI pleaded ‘guilty’ to, Her Honour noted the plea and dismissed the charge with no penalty pursuant to s 10(1)(a) Crimes (Sentencing Procedure) Act.

This is an excellent result.

Costs Granted

JK was charged with ‘Stalk/intimidate’, contrary to s 13(1) Crimes (Domestic & Personal Violence) Act 2007 and ‘Common Assault’, contrary to s 61 Crimes Act 1900.

Chris Cole appeared with Simon Buchen SC at Waverley Local Court where His Honour found JK not guilty of both offences. Additionally, His Honour did not make an Apprehended Violence Order.

Counsel then made submissions as to why the Court ought to grant professional costs in JK’s favour.

The matter was listed for Judgment on Costs at the Downing Centre Local Court. His Honour considered submissions and ultimately made an Order that the Prosecution pay all professional legal costs in JK’s matter.

This is an outstanding result.

Found Not Guilty, Costs Awarded in Favour of Defendant

JO was found not guilty by a jury on one count of each ‘Sexual intercourse without consent’, pursuant to 61I Crimes Act 1900 and ‘Assault commit an act of indecency’, pursuant to 61L Crimes Act 1900.

An application for a certificate pursuant to s 2 of the Costs in Criminal Cases Act 1967 (The Act) was made on JO’s behalf based on the Crown witness to be very substantially lacking credit. A certificate was granted by the District Court Magistrate, under The Act, based on His Honour’s opinion that:

“if the prosecution had, before the proceedings were instituted, been in possession of evidence of all the relevant facts, it would not have been reasonable to institute the proceedings; and

there was no act or omission of the defendant that contributed, or might have contributed, to the institution or continuation of the proceedings.”

This is a great outcome and a huge relief to JO.