R v Agius; R v Castagna (No 3) [2017] NSWSC 1865

R v Agius; R v Castagna (No 3) [2017] NSWSC 1865

Evidence of communications between Dr Castagna and his accountants/ATO are admissible as overt acts in furtherance of the conspiracy alleged in counts 1 and 2 of the indictment, regardless of Mr Agius' specific awareness of these communications.

Jurisdiction
Australia
Judgment Date
27 November 2017
Procedural Posture
Criminal / Evidentiary Ruling During Trial
Outcome
Objection dismissed, evidence admitted
Legal Topics
['admissibility of Evidence' 'conspiracy' 'acts in Furtherance of Conspiracy']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'conspiracy' 'acts in Furtherance of Conspiracy']

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Procedural Posture

Criminal / Evidentiary Ruling During Trial

Legal Issues

  1. 1 ['Whether communications between co-accused (Dr Castagna) and his accountants/ATO are admissible as evidence against Mr Agius in conspiracy charges']

Ratio Decidendi

Evidence of communications between Dr Castagna and his accountants/ATO are admissible as overt acts in furtherance of the conspiracy alleged in counts 1 and 2 of the indictment, regardless of Mr Agius' specific awareness of these communications.

Court Disposition

Objection dismissed, evidence admitted

Orders

  • ['Documents marked with a single asterisk on MFI 1 are admitted into evidence in the Crown case against Mr Agius']