Regina v Ronen & Ors [2004] NSWSC 1285

Regina v Ronen & Ors [2004] NSWSC 1285

The indictment and particulars do not result in duplicity; the case alleges a single conspiracy in which the intent to deprive or imperil the Commonwealth's entitlement to income tax is a permissible formulation under authority, and does not constitute separate substantive offences. The particulars sufficiently define the subject of conspiracy and do not cause unfairness to the accused.

Parties
Prosecution: Regina; Accused: Ida Ronen; Accused: Nitzan Ronen; Accused: Izhar Ronen
Jurisdiction
Australia
Judgment Date
15 March 2004
Procedural Posture
Criminal / Interlocutory Application Regarding Indictment
Outcome
applications dismissed
Legal Topics
Conspiracy to Defraud, Duplicity, Indictment Particulars
Criminal Law Conspiracy to Defraud Duplicity Indictment Particulars

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Ida Ronen

Accused

Nitzan Ronen

Accused

Izhar Ronen

Accused

Procedural Posture

Criminal / Interlocutory Application Regarding Indictment

Legal Issues

  1. 1 Whether the indictment and particulars are duplicitous due to alleging both deprivation and imperilment
  2. 2 Whether the Crown must elect as to deprivation or imperilment
  3. 3 Whether the particulars identify the subject of conspiracy

Ratio Decidendi

The indictment and particulars do not result in duplicity; the case alleges a single conspiracy in which the intent to deprive or imperil the Commonwealth's entitlement to income tax is a permissible formulation under authority, and does not constitute separate substantive offences. The particulars sufficiently define the subject of conspiracy and do not cause unfairness to the accused.

Court Disposition

applications dismissed

Orders

  • The applications are dismissed.