On 20 November 2015 I delivered a presentation on the Criminal Property Confiscation Act 2000 (WA) – Crime-Used and Crime-Derived confiscations cases.
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
It is well established that property frozen under the Criminal Property Confiscation Act is able to be released to fund legal or living expenses. However, WA DPP practice over the last 10 years has been to deny requests to release funds frozen under the CPCA crime-used or crime-derived grounds. I successfully argued in the District Court that property frozen on these grounds could still be released for such expenses.Read More
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