Commissioner of the Australian Federal Police v Agius [2016] NSWSC 894

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Agius [2016] NSWSC 894 Hearing dates: 22, 23 March 2016 Decision date: 01 July 2016 Before: R A Hulme J Decision: 1. Pursuant to s 116 of the Act, the defendant, Robert Francis Agius, pay to the Commonwealth a pecuniary penalty in the amount of $580,295. 2. The defendant is to pay the plaintiff's costs of the proceedings. Catchwords: PRCOCEEDS OF CRIME – pecuniary penalty order – conspiracy to defraud the Commonwealth –proper approach to calculation of the benefit derived from the offences – assessment is not confined to the net benefit derived by the defendant personally – proper statutory approach includes all property under the defendant's effective control Legislation Cited: Acts Interpretation Act 1901 (Cth) s 2C(1) Crimes Act 1914 (Cth) ss 29D, 86(1) Criminal Code (Cth) s 135.4(5) Proceeds of Crime Act 2002 (Cth) Pt 2-4, ss 336, 337, 338 Cases Cited: Agius v R [2015] NSWCCA 200 Cornwell v Commissioner of Australian Federal Police (1990) 24 FCR 544 R v Agius; R v Zerafa [2012] NSWSC 978 R v May [2008] UKHL 28; [2008] 1 AC 1028 The Commissioner of the Australian Federal Police v Fysh [2013] NSWSC 81; 224 A Crim R 523 Category: Principal judgment Parties: Commissioner of the Australian Federal Police (Plaintiff) Robert Francis Agius (Defendant) Representation: Counsel: Mr P McGuire SC (Plaintiff) Mr P Coady (Defendant)