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Court of Appeal orders that an appellant should be paid his costs of appealing his conviction, after his conviction for indecent assault committed in 1979 in a boarding school was quashed due to an error of principle on the part of the trial judge in the manner in which he exercised his discretion not to give a corroboration warning, on the grounds that while the prosecution was warranted, the case against the appellant was one of very significant antiquity, and he contested the charge against a backdrop of pleading guilty to other similar offences against named students in the boarding school in question, and in which he worked at the time, while adamant that he had not committed any offence against the complainant.
Criminal law – costs – Court previously quashed conviction for indecent assault due to an error of principle on the part of the trial judge in the manner in which he exercised his discretion not to give a corroboration warning – error of principle was not capable of rectification in a new trial – application to recover the costs of the trial in the Circuit Criminal Court – Order 99 of the Rules of the Superior Courts – decision to award or refuse costs in a criminal case is a matter for the court’s discretion exercised judicially – appropriate that the appellant should be paid his costs of appealing his conviction.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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