R v Kelu; R v Millner (No 8) [2023] NSWSC 1544

Supreme Court New South Wales

Medium Neutral Citation: R v Kelu; R v Millner (No 8) [2023] NSWSC 1544 Hearing dates: 23 November 2023 Date of orders: 23 November 2023 Decision date: 23 November 2023 Jurisdiction: Common Law Before: Cavanagh J Decision: The detention application in respect of Mr Kelu is granted. Catchwords: CRIME — sentencing hearing – Commonwealth tax fraud offences – whether offenders had personally benefitted from the tax fraud schemes – where one offender sought to adduce further evidence relevant to contrition – where one offender withdrew instructions of legal representatives and made further submissions on sentence CRIME – bail — detention application – whether special or exceptional circumstances exist – detention application granted Legislation Cited: A New Tax System (Goods and Services Tax) Act 1999 (Cth) Bail Act 2013 (NSW), ss 22B, 32(1) Proceeds of Crime Act 2002 (Cth), s 320 Cases Cited: Director of Public Prosecutions (DPP) (NSW) v Day [2022] NSWCCA 173 Director of Public Prosecutions (DPP) (NSW) v Van Gestel (2022) 109 NSWLR 136; [2022] NSWCCA 171 Category: Principal judgment Parties: Rex Jonatan Kelu Cedric Adrian Millner Representation: Counsel: G Craddock SC with B Stevens (Crown) M Avenell SC (Mr Kelu) S Hall SC (Mr Millner)

Solicitors: Commonwealth Director of Public Prosecutions Bannisters Lawyers (Mr Kelu) KPW Lawyers (Mr Millner) File Number(s): 2018/32462 and 2018/67357 Publication restriction: None