R v Agius; R v Castagna (No 10) [2018] NSWSC 2042

R v Agius; R v Castagna (No 10) [2018] NSWSC 2042

The understanding of Mr Haagensen as to the content of legal advice is irrelevant to the determination of the accused Castagna's state of mind and understanding, since there was no evidence that Haagensen's understanding influenced or interacted with Castagna's understanding of the advice; accordingly, such questioning is rejected.

Jurisdiction
Australia
Judgment Date
15 March 2018
Procedural Posture
Criminal / Interlocutory Ruling During Trial
Outcome
Crown objection upheld; question to witness rejected.
Legal Topics
['relevance of Witness Testimony' 'tax Fraud' 'interpretation of Legal Advice']
['criminal Law' 'evidence'] ['relevance of Witness Testimony' 'tax Fraud' 'interpretation of Legal Advice']

Case Brief

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Procedural Posture

Criminal / Interlocutory Ruling During Trial

Legal Issues

  1. 1 ["Whether the understanding of a witness as to legal advice is relevant to the accused's understanding of that advice in the context of tax fraud charges"]

Ratio Decidendi

The understanding of Mr Haagensen as to the content of legal advice is irrelevant to the determination of the accused Castagna's state of mind and understanding, since there was no evidence that Haagensen's understanding influenced or interacted with Castagna's understanding of the advice; accordingly, such questioning is rejected.

Court Disposition

Crown objection upheld; question to witness rejected.

Orders

  • ["Questions relating to witness' understanding of Ex 2D32 rejected."]