New South Wales Crime Commission v Pettit [2021] NSWSC 980

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Pettit [2021] NSWSC 980 Hearing dates: 26 February 2021 Decision date: 06 August 2021 Jurisdiction: Common Law Before: Ierace J Decision: (1) The notice of motion filed by the defendant on 4 August 2020 is dismissed; (2) Each party to pay its own costs of the motion. Catchwords: CRIME – Confiscations – Forfeiture order – Application to exclude interest in property – Drug offences – Cultivate prohibited plant – Whether property on which prohibited plants were cultivated constitutes "serious crime use property" pursuant to s 9B of Criminal Assets Recovery Act 1900 (NSW) – Statutory interpretation – Extrinsic materials – Legislative history and cognate legislation in other States – Whether property was "used in, or in connection with" the cultivation of a prohibited plant Legislation Cited: Confiscation of Proceeds of Crime Act 1989 (NSW), ss 4, 13, 18 Criminal Assets Confiscation Act 2005 (SA), ss 7, 95 Criminal Assets Recovery Act 1990 (NSW), ss 3, 5, 6, 9B, 10, 10A, 22, 24, 25 Criminal Legislation Amendment (Organised Crime and Public Safety) Act 2016 (NSW), Sch 3 Criminal Legislation Amendment (Organised Crime and Public Safety) Bill 2016 (NSW) Criminal Proceeds Confiscation Act 2002 (QLD), s 73 Drug Misuse and Trafficking Act 1985 (NSW), s 23, Sch 1 Cases Cited: Director of Public Prosecutions (SA) v George (2008) 102 SASR 246; [2008] SASC 330 Director of Public Prosecutions (Cth) v Jeffery (1992) 58 A Crim R 310 Director of Public Prosecutions (New South Wales) v King (2000) 49 NSWLR 727; [2000] NSWSC 394 R v Hadad (1989) 16 NSWLR 476 Lee v New South Wales Crime Commission (2013) 251 CLR 196; [2013] HCA 39 Marshall v Director-General, Department of Transport (2001) 205 CLR 603; [2001] HCA 37 Murphy v Farmer (1988) 165 CLR 19; [1988] HCA 31 New South Wales Crime Commission v Pettit [2019] NSWSC 675 The Queen v Rintel (1991) 3 WAR 527 Sultana v R (1994) (1994) 74 A Crim R 27 Taylor v Attorney-General for the State of South Australia (1991) 55 SASR 462 R v Ward, Marles and Graham (1987) 33 A Crim R 60; [1989] 1 Qd R 194 Zahrooni v R; Director of Public Prosecutions (NSW) v Zahrooni [2010] NSWCCA 252 Texts Cited: New South Wales Legislative Council, Parliamentary Debates (Hansard), 4 May 2016 at 45 Category: Principal judgment Parties: New South Wales Crime Commission (Plaintiff) Maxwell Harrie Pettit (Defendant) Representation: Counsel: T Glover (Plaintiff) G D Wendler (Defendant)