R v Martin [1984] HCA 23; (1984) 58 ALJR 217;(1984) 51 ALR 540 (11 April 1984)

Gibbs C.J.(1), Murphy(1), Brennan(1), Deane(1) and Dawson(1) JJ.

GIBBS C.J., MURPHY, BRENNAN, DEANE and DAWSON JJ. The respondent in this case, who was not legally aided, seeks an order for costs. The Crown has unsuccessfully sought special leave to appeal from a decision of the Court of Criminal Appeal of South Australia which set aside the conviction of the respondent for manslaughter and ordered a new trial. While it is the established practice that an unsuccessful applicant for special leave to appeal against a conviction is not ordered to pay the costs of the Crown, it does not follow that the Crown should not be ordered to pay the costs when it makes an unsuccessful application for special leave to appeal against a decision of a Court of Criminal Appeal allowing an appeal by a convicted person. In the circumstances of the present case we consider that the Crown should be ordered to pay the costs of the respondent.