Sevastopoulos v Director of Public Prosecutions (NSW) [2020] NSWCCA 331

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Sevastopoulos v Director of Public Prosecutions (NSW) [2020] NSWCCA 331 Hearing dates: 30 November 2020 Decision date: 14 December 2020 Before: Bell P at [1]; Johnson J at [2]; R A Hulme J at [3] Decision: 1. Grant leave and uphold the appeal against the making of the drug proceeds order in the District Court on 25 June 2020. 2. Remit the Director's application for a drug proceeds order to the District Court for rehearing. Catchwords: CRIMES - drug proceeds order - legislation is directed to benefits accrued to an individual - no power to make drug proceeds order against multiple defendants based on joint or several liability - remitted to District Court Legislation Cited: Confiscation of Proceeds of Crime Act 1989 (NSW), ss 29, 30, 31, 92 Cases Cited: Director of Public Prosecutions v Nieves & Ors [1992] 1 VR 257 Western v Director of Public Prosecutions (SA) (2017) 271 A Crim R 102; [2017] SASCFC 177 Category: Principal judgment Parties: Steven Sevastopoulos (Applicant) Director of Public Prosecutions (NSW) (Respondent) Representation: Counsel: Applicant self-represented

Crown: Ms Curtis (Written submissions) Ms Baker (Hearing)

Solicitors: Solicitor for Public Prosecutions File Number(s): 2016/18807 Decision under appeal Court or tribunal: District Court Date of Decision: 25 June 2020 Before: Mahony SC DCJ File Number(s): 2016/18807