Private Complainant's Cost Appeal in Battery Penalty Order Dismissed

Following a private criminal complaint, an accused individual was convicted of battery via a penalty order which imposed a fine and allocated official and party costs, prompting the private complainant to file a cost appeal arguing for the transfer of their party costs to the accused. The court determined that an appeal under the relevant statute is only admissible against cost decisions made when an investigation is discontinued, whereas here the accused was convicted, meaning the cost allocation in a penalty order is not subject to this specific cost appeal, but rather to a different type of complaint before the public prosecutor's office, leading the commission to dismiss the appeal but forward the filings to the competent authority.