R v Agius; R v Abibadra; R v Jandagi; R v Zerafa

[2011] NSWSC 367

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. CRIMINAL LAW — particular offences — offences against the government — conspiracy to defraud the Commonwealth — s 29D and s 86(1) Crimes Act 1914 — s 135.4(5) Criminal Code Act 1995
1. CRIMINAL LAW — procedure — application for permanent stay of proceedings on count 2 — indictment alleging two counts of conspiracy — particulars allege single conspiracy — change in legislative regime during course of alleged conspiracy — order for stay refused
1. CRIMINAL LAW — procedure — indictment — duplicity — latent and patent duplicity — pleading of statutory alternatives — single offence charged — orders refused
1. STATUTES — acts of parliament — interpretation — operation and effect of statutes -conspiracy to defraud the Commonwealth — repeal of provisions in Crimes Act 1914 — enactment of provisions in Criminal Code Act 1995 — single continuing conspiracy spanning periods of operation of two legislative regimes — relevant course of conduct prosecuted as two counts of conspiracy

Citation[2011] NSWSC 367

CourtNSWSC

JurisdictionNew South Wales

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