The High Court stayed Proceeds of Crime action pending the criminal trial in Commissioner of AFP v Zhao & Jin handed down 12 February 2015. The judgment considers sections 319 and 266A of the Proceeds of Crime Act 2002. Read more
Blog Posts
Effect of proceeds of crime orders on sentence
The Western Australian Court of Appeal has delivered an important judgment, R v Host, which considers the proper approach to sentencing an offender whose property has been the subject of orders made under the Proceeds of Crime Act 2002 (Cth). The Court gave detailed consideration to s 320 Proceeds of Crime Act 2002 (Cth). It allows for a sentence to be reduced where the offender has cooperated with proceeds of crime authorities. Read more
How to simplify costs orders
Simplifying costs orders and avoiding a complex taxation of costs. The January 2015 Court of Appeal (WA) decision in Nelson v Moorcraft provides practical guidance. Read more
Man Haron Monis – previous Constitutional challenge
Man Haron Monis, at the centre of the deadly Lindt Cafe siege in Sydney, had previously challenged validity of a provision of the Criminal Code claiming it infringed the implied freedom of political communication. Read more
Wellington Capital Limited v ASIC: Case Note
On 5 November 2014 the High Court in Wellington Capital Limited v ASIC held a responsible entity could not distribute property in specie to managed investment scheme unit holders. Read more
Possessing unlawfully obtained property
The maximum penalty for possessing stolen or unlawfully obtained property (including cash) under the Criminal Code (WA) has recently been increased. The offence is now an either way indictable charge. Read more
Criminal Property Confiscation & Proceeds of Crime CPD
The Law Society of Western Australia is offering a CPD (CLE) seminar on Confiscations and Proceeds of Crime to be held in Perth on 6 November 2014. My session will explore the typical interlocutory steps in litigating a matter under either the Criminal Property Confiscation Act 2000 (WA) or the Proceeds of Crime Act 2002 (Cth). Read more
Consorting laws upheld – the High Court decision in Tajjour v NSW
The High Court has in a 6:1 decision, Tajjour & Ors v The State of New South Wales, upheld the validity of consorting laws found in section 93X of the Crimes Act 1900 (NSW). Mr Tajjour unsuccessfully argued that s 93X was invalid on the ground that it infringes the implied freedom of political communication. Read more
A light-hearted look at civil forfeiture
A US comedy sketch takes a look at civil forfeiture.
Some of the risks identified in the programme are present in some Australian laws. There is however less direct incentivising of Australian Police. In the US some county forces can keep up to 100% of the property they seize. That is not the case in Australia.
The presumption of forfeiture though is found in some Australian laws, including the Criminal Property Confiscation Act 2000 (WA). This means the onus is on the owner of the property to show the property should not be confiscated, rather than the other way around. Read more
Applying Lee v The Queen
Courts have applied Lee v R with some interesting results. Analysis of recent decisions considering X7 v ACC, Lee v NSW Crime Commission and Lee v The Queen, including Bartlett v The Queen and Zhao & Jin v Commissioner of the Australian Federal Police. Read more