Regina v Ronen & Ors [2004] NSWSC 1284

Regina v Ronen & Ors [2004] NSWSC 1284

The interests of justice require that Mr Agoston give the evidence despite the possible adverse consequences to him professionally and in disciplinary proceedings, as the evidence is important to the Crown case, the alleged offences are serious, and the balancing exercise favours compellability given the public interest in prosecuting crime and having relevant evidence called. The partial protection of s 128 is sufficient; personal and professional impacts, while significant, do not outweigh the interests of justice.

Parties
Prosecution: Regina; Accused: Nitzan Ronen; Accused: Ida Ronen; Accused: Izhar Ronen
Jurisdiction
Australia
Judgment Date
15 March 2004
Procedural Posture
Criminal / Preliminary Hearing (voir Dire) on Witness Compellability Under Evidence Act S 128
Outcome
Application dismissed; witness required to give evidence under s 128(5) of the Evidence Act 1995 (NSW) and certificate to be given under s 128(6).
Legal Topics
Self Incrimination Privilege, Compellability of Witness, Disciplinary Proceedings and Evidentiary Certificates, Taxation Law Offences, Money Laundering
Criminal Law Evidence Law Self Incrimination Privilege Compellability of Witness Disciplinary Proceedings and Evidentiary Certificates Taxation Law Offences Money Laundering

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Regina

Prosecution

Nitzan Ronen

Accused

Ida Ronen

Accused

Izhar Ronen

Accused

Procedural Posture

Criminal / Preliminary Hearing (voir Dire) on Witness Compellability Under Evidence Act S 128

Legal Issues

  1. 1 Whether the witness, Mr Agoston, should be required to give evidence under s 128(5) of the Evidence Act 1995 despite his objection on self-incrimination grounds.
  2. 2 Whether the interests of justice require the witness to give such evidence where disciplinary and professional consequences may follow.

Ratio Decidendi

The interests of justice require that Mr Agoston give the evidence despite the possible adverse consequences to him professionally and in disciplinary proceedings, as the evidence is important to the Crown case, the alleged offences are serious, and the balancing exercise favours compellability given the public interest in prosecuting crime and having relevant evidence called. The partial protection of s 128 is sufficient; personal and professional impacts, while significant, do not outweigh the interests of justice.

Court Disposition

Application dismissed; witness required to give evidence under s 128(5) of the Evidence Act 1995 (NSW) and certificate to be given under s 128(6).

Orders

  • Mr Agoston to be given a certificate under s 128(6) Evidence Act 1995.
  • Mr Agoston is required to give the relevant evidence as identified by the Crown.