R v Agius; R v Castagna (No 6) [2017] NSWSC 1868

R v Agius; R v Castagna (No 6) [2017] NSWSC 1868

It is appropriate to make interim non-publication orders under s 10 of the Act to prevent prejudice to the proper administration of justice as per s 8(1)(a), pending determination of the substantive application.

Jurisdiction
Australia
Judgment Date
28 November 2017
Procedural Posture
Criminal / Interim Procedural Ruling Before Trial
Outcome
Interim non-publication order granted
Legal Topics
['non Publication Order' 'suppression Order' 'proceeds of Crime']
['criminal Procedure'] ['non Publication Order' 'suppression Order' 'proceeds of Crime']

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Procedural Posture

Criminal / Interim Procedural Ruling Before Trial

Legal Issues

  1. 1 ["Whether a non-publication order should be made under the Court Suppression and Non-Publication Orders Act 2010 (NSW) to prohibit publication of Mr Agius's previous conviction and freezing orders against both accused"]

Ratio Decidendi

It is appropriate to make interim non-publication orders under s 10 of the Act to prevent prejudice to the proper administration of justice as per s 8(1)(a), pending determination of the substantive application.

Court Disposition

Interim non-publication order granted

Orders

  • ["Pursuant to s 10(1) of the Court Suppression and Non-Publication Orders Act 2010 (NSW), the publication of Mr Agius's previous conviction or current sentence and the freezing orders made under the Proceeds of Crime Act 2002 (Cth) in respect of the assets of Dr Castagna and Mr Agius and their related companies is...