R v Milne (No 1)

Case [2010] NSWSC 932


CITATION: R (Cth) v Milne (No. 1) [2010] NSWSC 932
HEARING DATE(S): 29 July 2010, 30 July 2010, 4 August 2010
 
JUDGMENT DATE : 

19 August 2010
JUDGMENT OF: Johnson J at 1
DECISION: 1. The application by the Accused for a permanent stay of the prosecution on the present indictment is refused.
2. The application to admit into evidence the report dated 3 June 2010 of Shaun Evan Mark is declined. The Crown will be heard further with respect to any evidence of Mr Mark which the Crown seeks to tender.
3. The application to exclude from evidence any part of the affidavit of Wim Langeveld sworn 20 November 2009, the affidavit of Claudio Pfammetter sworn 9 December 2009 or the affidavit of Vladimir Stemberger sworn 21 January 2010 is declined.
4. The application to exclude from evidence any of the documents tendered by the Crown under the Foreign Evidence Act 1994 (Cth) is declined.
5. The application to direct the Crown to call as witnesses any of the persons specified by the Accused in notices issued for this purpose is declined.
6. The evidence identified in paragraphs 7(a) and (c) of the Further Amended Notice of Motion is admissible under s.55 and s.56 Evidence Act 1995 and the application to exclude that evidence under s.135 or s.137 Evidence Act 1995 is declined.
CATCHWORDS: CRIMINAL LAW - pretrial rulings - indictment alleging money laundering and dishonest obtaining offences - s.400.3(1) and s.135(1) Criminal Code Act 1995 (Cth) - application for permanent stay upon grounds of abuse of process - stay refused - Crown seeks to tender expert report of accountant/financial analyst - objection to tender on various grounds - tender of report rejected - Crown to rely upon documents under Foreign Evidence Act 1994 (Cth) - objection to tender on various grounds - objections overruled - application by Accused under s.169 Evidence Act 1995 for order that persons attend to give evidence - application refused - objection to certain evidence on grounds of relevance and under ss.135 and 137 Evidence Act 1995 - objection overruled
LEGISLATION CITED: Criminal Code Act 1995 (Cth)
Evidence Act 1995
Criminal Procedure Act 1986
Criminal Procedure Amendment (Case Management) Act 2009
Crimes Act 1914 (Cth)
Copyright Act 1968 (Cth)
Crimes Act 1900
Mutual Assistance in Criminal Matters Act 1987 (Cth)
Foreign Evidence Act 1994 (Cth)
Proceeds of Crime Act 2002 (Cth)
Drug Misuse and Trafficking Act 1985
Foreign Evidence Amendment Act 2010 (Cth)
Judiciary Act 1903 (Cth)
Evidence Act 1906 (WA)
Supreme Court Rules 1970
Uniform Civil Procedure Rules 2005
CATEGORY: Procedural and other rulings
CASES CITED: Gately v The Queen [2007] HCA 55; 232 CLR 208
Smith v The Queen [1970] HCA 48; 121 CLR 572
Butera v Director of Public Prosecutions (Vic) [1987] HCA 58; 164 CLR 180
R v Sam (No. 14) [2009] NSWSC 561
R (Cth) v Petroulias (No. 34) [2007] NSWSC 1462
Pearce v The Queen [1998] HCA 57; 194 CLR 610
Thorn v R

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R v Milne (No 1) [2010] NSWSC 932
Case
[2010] NSWSC 932
Decision Date

CaseChat Overview and Summary

In this case, the defendant, Milne, was charged with offences of money laundering and dishonest obtaining under sections 400.3(1) and 135(1) of the Criminal Code Act 1995. The Crown sought to tender an expert report from an accountant and financial analyst, which was objected to by the defence on various grounds. The court considered the objections and rejected the tender of the expert report. Instead, the Crown planned to rely upon documents under the Foreign Evidence Act 1994, which was also objected to by the defence, but the court overruled the objections.

The legal issues before the court involved the admissibility of the expert report and foreign evidence, as well as the relevance and admissibility of certain evidence under sections 135 and 137 of the Evidence Act 1995. The court was required to determine whether the objections to the evidence were valid and whether the evidence should be admitted or excluded. The court also considered an application by the accused for an order that certain persons attend to give evidence under section 169 of the Evidence Act 1995.

The court found that the objections to the tender of the expert report were not valid and rejected the report. The court also found that the objections to the tender of foreign evidence were not valid and allowed the evidence to be tendered. The court further found that the objections to the relevance and admissibility of certain evidence under sections 135 and 137 of the Evidence Act 1995 were not valid and overruled the objections. The court also refused the application by the accused for an order that certain persons attend to give evidence. The court's reasoning and outcome were based on the provisions of the relevant legislation and the evidence presented before the court.

Orders

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Background

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Evidence

Evidence Before The Court

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Ratio Decidendi

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