R v Agius; R v Castagna (No 15) [2018] NSWSC 2046

R v Agius; R v Castagna (No 15) [2018] NSWSC 2046

The Court refused the s 4 direction and allowed the challenged affidavit paragraphs because it was satisfied that the material was the best evidence available to the AFP and that requiring the Crown to prove the matters fully would not be in the interests of justice.

Jurisdiction
Australia
Judgment Date
01 August 2018
Procedural Posture
Criminal Sentence Hearing Evidentiary Ruling / Application by Offender Agius for a Direction Under S 4 of the Evidence Act 1995 (nsw) and Objection to Paragraphs [18] [25] of an Affidavit
Outcome
Application refused; affidavit paragraphs allowed notwithstanding hearsay form.
Legal Topics
['hearsay Evidence' 'sentence Hearing' 'direction That Rules of Evidence Apply' 'mutual Assistance Request']
['evidence' 'criminal Law'] ['hearsay Evidence' 'sentence Hearing' 'direction That Rules of Evidence Apply' 'mutual Assistance Request']

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Procedural Posture

Criminal Sentence Hearing Evidentiary Ruling / Application by Offender Agius for a Direction Under S 4 of the Evidence Act 1995 (nsw) and Objection to Paragraphs [18] [25] of an Affidavit

Legal Issues

  1. 1 ['Whether a direction should be given under s 4 of the Evidence Act 1995 (NSW) that the Evidence Act apply to the sentence hearing.' "Whether paragraphs [18]-[25] of Mr Miller's affidavit, although in hearsay form, should be allowed."]

Ratio Decidendi

The Court refused the s 4 direction and allowed the challenged affidavit paragraphs because it was satisfied that the material was the best evidence available to the AFP and that requiring the Crown to prove the matters fully would not be in the interests of justice.

Court Disposition

Application refused; affidavit paragraphs allowed notwithstanding hearsay form.

Orders

  • ['I refuse the application by the offender Agius for a direction under s 4 of the Evidence Act.' "I allow paragraphs [18]-[25] of Mr Miller's affidavit sworn on 18 May 2018 notwithstanding that they are in hearsay form."]