R v Agius; R v Castagna (No 7)

[2018] NSWSC 2039

Supreme Court

New South Wales

Medium Neutral Citation:

R v Agius; R v Castagna (No 7) [2018] NSWSC 2039

Hearing dates:

5 February 2018

Decision date:

05 February 2018

Jurisdiction:

Common Law - Criminal

Before:

Adamson J

Decision:

(1) Pursuant to ss 7 and 8(1)(a) of the Court Suppression and Non-Publication Orders Act 2010 (NSW) (the Act) the publication of the following is prohibited until the determination of the trial or until further order:

 

(a) The fact, or details, of Mr Agius' previous conviction or current sentence; and

(b) The fact, or details, of 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.

Catchwords:

NON-PUBLICATION ORDER – order necessary for the administration of justice – non-publication order made regarding previous conviction of one accused and making of freezing orders against the assets of both accused – order to continue until the determination of the criminal trial of both accused

Legislation Cited:

Court Suppression and Non-Publication Orders Act 2010 (NSW)
Proceeds of Crime Act 2002 (Cth)

Category:

Procedural and other rulings

Parties:

Regina
Robert Francis Agius (Accused)
Anthony Dante Castagna (Accused0

Representation:

Counsel:
P McGuire SC/A McGrath (Crown)
WP Lowe (Accused Agius)
P Strickland SC/S White SC/S Callan (Accused Castagna)

  Solicitors:
Commonwealth Director of Public Prosecutions (Crown)
David J Cohen & Co (Accused Agius)
Hazan Hollander Lawyers (Accused Castagna)

File Number(s):

2016/136935; 2016/137095

Judgment

1. On 28 October 2017 I made interim orders under s 10(1) of the Court Suppression and Non-Publication Orders Act2010 (NSW) (the Act) prohibiting the publication of certain matters, being the fact, or details, of Mr Agius' previous conviction or current sentence and the fact, or details, of 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. I made that order as an interim order under s 10 of the Act, as the Crown had not been notified that the application was going to be made. Section 10 of the Act provides, by subsection (2), that:

“If an order is made as an interim order the court must determine the application as a matter of urgency.”

2. It was for this reason that I directed that the substantive application for an order under s 7 of the Act be determined on 5 February 2018.

3. Mr Crown has indicated that the Crown, having now had ample notice of the nature of the order sought and the content of the interim order, does not seek to submit that it ought not be made as an order under s 8 of the Act. I am satisfied, for the reasons given in respect of the interim order, that the order should be made under s 8 on the ground in s 8(1)(a), namely that the order is necessary to prevent prejudice to the proper administration of justice.

4. In those circumstances, I make the following order:

1. Pursuant to ss 7 and 8(1)(a) of the Court Suppression and Non-Publication Orders Act 2010 (NSW) (the Act) the publication of the following is prohibited until the determination of the trial or until further order:

1. (a) The fact, or details, of Mr Agius' previous conviction or current sentence; and

2. (b) The fact, or details, of 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.

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Decision last updated: 06 March 2019