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Edward Greaves

Edward Greaves

Perth Barrister

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    • Proceeds of Crime Act
    • Criminal Property Confiscation Act
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Blog Posts

Recovering money seized by WA Police

6 March 2017 By Edward Greaves Leave a Comment

Some notes on how to recover money from WA Police where the client has not been charged and has not been served with a Freezing notice under the Criminal Property Confiscation Act. Read more

Filed Under: Criminal Property Confiscation Act 2000

Derivatives and the Misuse of Drugs Act 1981

6 March 2017 By Edward Greaves Leave a Comment

When a substance is a derivative of a prohibited drug for offences eg possess, sell, supply under the Misuse of Drugs Act: guidance from the Court of Appeal in the recent decision of Clegg v WA [No 2]. Read more

Filed Under: Crime

Privilege against self-incrimination for companies and their directors

6 February 2017 By Edward Greaves Leave a Comment

Privilege against self-incrimination as it affects a company and its directors: comments on an interesting judgment of the Supreme Court of WA: WA v Galati Read more

Filed Under: Corporations, Crime, Regulatory

Civil Rights and Civil forfeiture: US perspective

30 June 2016 By Edward Greaves Leave a Comment

In this article a former US Federal prosecutor makes the case for civil forfeiture. It is a well-written piece by an eminently qualified author. Read more

Filed Under: Confiscations & Proceeds of Crime Tagged With: confiscations, criminal property confiscation, proceeds of crime

Panama Papers: the Australian consequences

16 May 2016 By Edward Greaves Leave a Comment

Perspectives of an ex Federal Prosecutor who is familiar with Mossack Fonseca on likely responses of Australian authorities (ATO, AFP) to the Panama Papers. Read more

Filed Under: AML/CTF, Banks, Confiscations & Proceeds of Crime, Crime

High Court finds Bell Act invalid

16 May 2016 By Edward Greaves Leave a Comment

The High Court struck down the Bell Act (WA) in Bell Group NV (in Liquidation) v Western Australia [2016] HCA 21 on 16 May 2016. Read more

Filed Under: Corporations

Family Law: Confiscations & Proceeds of Crime

9 May 2016 By Edward Greaves Leave a Comment

The convergence of family law with criminal property confiscation or proceeds of crime proceedings can complicate matters for both criminal & family lawyers. I set out some basic principles and considerations when your client is affected by both family law and confiscation or proceeds of crime proceedings. Read more

Filed Under: Confiscations & Proceeds of Crime, Criminal Property Confiscation Act 2000, Proceeds of Crime Act Tagged With: confiscations, criminal property confiscation, family law, proceeds of crime

Submissions on civil penalties: Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46

9 December 2015 By Edward Greaves Leave a Comment

The High Court in Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate held that regulators and respondents in civil penalty proceedings can agree a penalty, and that provided the Court is satisfied as to the appropriateness of the agreed penalty, it may impose it. The High Court expressly distinguished Barbaro v The Queen, which was concerned with criminal sentencing. Read more

Filed Under: Regulatory

CPCA – Crime-Used and Crime-Derived Confiscation Cases

21 November 2015 By Edward Greaves Leave a Comment

On 20 November 2015 I delivered a presentation on the CPCA 2000 – Crime Used and Crime Derived Cases.

The full text paper is available for free download. Read more

Filed Under: Criminal Property Confiscation Act 2000

Federal sentencing: The Queen v Pham

7 November 2015 By Edward Greaves Leave a Comment

Federal offenders are almost exclusively dealt with in State courts. In some matters courts have compared criminality in federal offending and state offending. As a result of this there has been some divergence in the range of sentences across the states and territories. The High Court in The Queen v Pham [2015] HCA 39 held offenders should be sentenced in accordance with the range of sentences across all states and territories.

The High Court also affirmed the proposition that quantity of drugs is not the sole determiner of the appropriate sentence. Read more

Filed Under: Crime, Regulatory

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Edward Greaves
Barrister

Francis Burt Chambers
Level 25, 77 St George’s Terrace Perth, Western Australia

email: ewg@egreaves.com.au
mobile: +61 417 921 300
desk: +61 8 9220 0592

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