NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Agius; R v Castagna (No 8) [2018] NSWSC 2040 Hearing dates: 21 February 2018 Date of orders: 22 February 2018 Decision date: 22 February 2018 Jurisdiction: Common Law Before: Adamson J Decision: Application to discharge jury refused. Catchwords: CRIMINAL LAW – application to discharge jury following conclusion of Crown opening – nature and purpose of Crown opening – significance of complexity of trial and documents tendered during opening Legislation Cited: Criminal Procedure Act 1986 (NSW) s 159 Evidence Act 1995 (NSW) ss 135, 136, 137 Cases Cited: Agius v The Queen (2013) 248 CLR 601; [2013] HCA 27 Edwards v The Queen (1993) 178 CLR 193; [1993] HCA 63 R v Cianatar (2006) 16 VR 26; [2006] VSCA 263 R v MM [2004] NSWCCA 81; 145 A Crim R 148 R v Xie (No. 14) [2014] NSWSC 1979 Category: Procedural and other rulings Parties: Regina Robert Francis Agius (Accused) Anthony Dante Castagna (Accused) Representation: Counsel: P McGuire SC/A McGrath (Crown) WP Lowe (Accused Agius) P Strickland SC/S White SC/S Callan (Accused Castagna)
Solicitors: Commonwealth Director of Public Prosecutions (Crown) David J Cohen & Co (Accused Agius) Hazan Hollander Lawyers (Accused Castagna) File Number(s): 2016/136935; 2016/137095
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