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Edward Greaves

Edward Greaves

Perth Barrister

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Confiscations & Proceeds of Crime

FATF report pending: Scrutiny of AUSTRAC’s effectiveness

25 February 2015 By Edward Greaves Leave a Comment

Australia has recently undergone a Financial Action Task Force (FATF) evaluation. A recent Radio National program considers AUSTRAC’s emphasis on education rather than regulation and enforcement and analyses its effectiveness. Read more

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

High Court stays Proceeds of Crime action pending criminal trial: Commissioner of the AFP v Zhao & Jin

12 February 2015 By Edward Greaves Leave a Comment

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

Filed Under: Proceeds of Crime Act Tagged With: CPCA

Effect of proceeds of crime orders on sentence

8 February 2015 By Edward Greaves Leave a Comment

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

Filed Under: Confiscations & Proceeds of Crime

Criminal Property Confiscation & Proceeds of Crime CPD

22 October 2014 By Edward Greaves Leave a Comment

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

Filed Under: Criminal Property Confiscation Act 2000 Tagged With: CPCA, CPD

A light-hearted look at civil forfeiture

13 October 2014 By Edward Greaves Leave a Comment

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

Filed Under: Confiscations & Proceeds of Crime Tagged With: CPCA

Applying Lee v The Queen

26 September 2014 By Edward Greaves Leave a Comment

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

Filed Under: Confiscations & Proceeds of Crime, Criminal Property Confiscation Act 2000, Proceeds of Crime Act

Victims rights under the Criminal Property Confiscation Act 2000 (WA) and the Proceeds of Crime Act 2002 (Cth)

11 June 2014 By Edward Greaves 27 Comments

Proceeds of Crime and Confiscation legislation is designed to deprive offenders of ill-gotten gains. Where the legislation is silent on the issue of victims rights, victims may be able to seek equitable relief. Read more

Filed Under: Confiscations & Proceeds of Crime, Criminal Property Confiscation Act 2000, Proceeds of Crime Act Tagged With: banks, CPCA

Henderson v Queensland: The reverse onus in confiscations litigation

3 June 2014 By Edward Greaves Leave a Comment

The High Court granted special leave in Henderson v Queensland on 16 May 2014. If the appeal is successful it will amount to a significant erosion of the reverse onus (in relation to lawful origin) found in most Australian confiscation statutes. Read more

Filed Under: Confiscations & Proceeds of Crime, Criminal Property Confiscation Act 2000 Tagged With: CPCA

High Court in Lee v The Queen restricts access to compulsory examination material

21 May 2014 By Edward Greaves Leave a Comment

The High Court in Lee v The Queen has quashed convictions on the basis that compulsory confiscations examination transcripts were improperly shared with prosecutors. The Court unanimously held there had been a miscarriage of justice and has ordered a retrial. Read more

Filed Under: Confiscations & Proceeds of Crime, Regulatory Tagged With: compulsory examination

Use of compulsory examination material – High Court decision in Lee v R pending

15 May 2014 By Edward Greaves Leave a Comment

The NSW Crime Commission disclosed transcript of Mr Lee’s compulsory examination to the Police and the Crown Prosecutor in his criminal trial. Mr Lee was convicted. The New South Wales Court of Criminal Appeal dismissed his appeal against conviction. He appealed to the High Court and it is that decision which is now to be handed down on 21 May 2014. Read more

Filed Under: Confiscations & Proceeds of Crime, Regulatory Tagged With: compulsory examination

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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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