NSW Caselaw
New South Wales Supreme Court
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
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. DECISION : 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
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