R v Agius; R v Castagna (No 16) [2018] NSWSC 2047

R v Agius; R v Castagna (No 16) [2018] NSWSC 2047

Paragraphs [9]-[17] were relevant to sentencing both offenders because both relied on delay and the paragraphs described the timeline, size and complexity of the Owen T Daniels investigation, from which the investigation of Dr Castagna arose in part. Paragraph [25] was significant because the trial evidence showed funds were directed into Vanuatu bank accounts and the absence of Vanuatu documents prevented tracing and would have assisted the prosecution in the Owen T Daniels investigation and the investigation of Dr Castagna.

Jurisdiction
Australia
Judgment Date
01 August 2018
Procedural Posture
Criminal Proceedings / Procedural Ruling on Objection to Affidavit Evidence in Sentencing
Outcome
Paragraphs [9]-[17] and [25] of the affidavit of Scott Miller sworn 18 May 2018 were allowed.
Legal Topics
['exclusion of Evidence' 'affidavit Evidence' 'relevance' 'delay' 'criminal Proceedings']
['evidence' 'criminal Law' 'sentencing'] ['exclusion of Evidence' 'affidavit Evidence' 'relevance' 'delay' 'criminal Proceedings']

Case Brief

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Procedural Posture

Criminal Proceedings / Procedural Ruling on Objection to Affidavit Evidence in Sentencing

Legal Issues

  1. 1 ['Whether paragraphs [9]-[17] of the affidavit of Federal Agent Miller sworn 18 May 2018 were irrelevant because they related to the separate Owen T Daniels investigation or Star Lifter investigation.' 'Whether paragraph [25] of the affidavit should be excluded because the view expressed by Mr Miller amounted to speculation.']

Ratio Decidendi

Paragraphs [9]-[17] were relevant to sentencing both offenders because both relied on delay and the paragraphs described the timeline, size and complexity of the Owen T Daniels investigation, from which the investigation of Dr Castagna arose in part. Paragraph [25] was significant because the trial evidence showed funds were directed into Vanuatu bank accounts and the absence of Vanuatu documents prevented tracing and would have assisted the prosecution in the Owen T Daniels investigation and the investigation of Dr Castagna.

Court Disposition

Paragraphs [9]-[17] and [25] of the affidavit of Scott Miller sworn 18 May 2018 were allowed.

Orders

  • ['Allow paragraphs [9]-[17] and [25] of the affidavit of Scott Miller sworn 18 May 2018.']