Dr Tony Castagna Acquitted of Tax Charges and Released by NSW Court of Appeal

The NSW Court of Appeal has found in favour of Dr Tony Castagna, who appealed against a tax conviction brought against him by the Commonwealth Director of Public Prosecutions ("CDPP").

Dr Castagna was accused of failing to declare in his personal tax returns income that had been paid to a company for his services. He vigorously defended the charges that he was part of a conspiracy to defraud and had caused financial loss to the Commonwealth.

The events for which Dr Castagna was charged date back nearly 20 years. Despite having been discharged after a lengthy committal hearing in 2015, the CDPP presented the same charges against Dr Castagna before a Supreme Court jury.

Dr Castagna has now been released from custody. He said that his trial resulted in a miscarriage of justice. He was sentenced in August 2018 to seven years' imprisonment, with a four-year non-parole period. He served 14 months in jail before yesterday's acquittal.

The Court of Appeal found the trial judge erred by not directing the jury to deliver a not guilty verdict on the basis that the income was not for Dr Castagna to declare.

Dr Castagna's lawyers, Hazan Hollander, said the decision vindicated Dr Castagna who was not guilty of the charges and should not have spent a single day in prison.