NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Alex & Ors (Trial Ruling No 4) [2024] NSWSC 1129 Hearing dates: 28 May 2024 Date of orders: 28 May 2024 and 31 May 2024 Decision date: 05 June 2024 Jurisdiction: Common Law - Criminal Before: Fagan J Decision: 1. The Crown case on count 1 is to be limited to a conspiracy to cause non-remittance of PAYG withholding amounts in connection with the business of GHRC and CPC and will not be left to the jury as including a conspiratorial objective relating to PAYG withheld from employees of Superform (Queensland) Pty Ltd. 2. There are to be directed verdicts of not guilty in respect of Arthur Alex on counts 1 and 2. Catchwords: CRIMINAL PROCEDURE — Trial — conspiracy to defraud Commonwealth of PAYG tax — latent duplicity — Crown evidence only consistent with two conspiracies — Crown directed to close its case on only one of the conspiracies — where no evidence available to find one accused guilty of the conspiracy charge so confined — verdict by direction for that accused Legislation Cited: Criminal Appeal Act (1912) NSW Criminal Code (Cth) Evidence Act 1995 (NSW) Taxation Administration Act 1953 (Cth) Cases Cited: Ahern v The Queen (1998) 165 CLR 87 Doney v The Queen (1990) 171 CLR 207; [1990] HCA 51 Gerakiteys v The Queen [1984] HCA 8; (1984) 153 CLR 317 R v Griffiths [1966] 1 QB 589 R v Ongley (1940) 57 WN (NSW) 116 R v. Greenfield [1973] 1 WLR 1151; [1973] 3 All ER 1050 Saffron v The Queen (No 1) (1988) 17 NSWLR 395 R v West [1948] 1 KB 709 Texts Cited: Gillies, The Law of Criminal Conspiracy (1981) Category: Procedural rulings Parties: Rex George Alex Lindsay Kirschberg Gordon McAndrew Pasquale Loccisano Mark Bryers Arthur Alex Representation: Counsel C O'Donnell SC with H Mann B Anniwell and R O'Donnell - Crown J Agius SC with E Beljic - Accused George Alex M Breeze with Ms Edwards - Accused Kirschberg D Price - Accused McAndrew M Pickin - Accused Loccisano L Brasch - Accused Bryers M Burke - Accused Arthur Alex
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate