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
Confiscations & Proceeds of Crime
Victims rights under the Criminal Property Confiscation Act 2000 (WA) and the Proceeds of Crime Act 2002 (Cth)
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
Henderson v Queensland: The reverse onus in confiscations litigation
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
High Court in Lee v The Queen restricts access to compulsory examination material
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
Use of compulsory examination material – High Court decision in Lee v R pending
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
The High Court decision in Emmerson and implications for the Criminal Property Confiscation Act 2000 (WA)
The High Court has upheld the validity of NT legislation that is substantially modelled upon the Criminal Property Confiscation Act 2000 (WA). The door appears closed on Chapter III / Kable challenges to the WA Act but other challenges may be open. Read more