JEFFREY v DIRECTOR OF PUBLIC PROSECUTIONS (CWLTH) [1995] NSWCA 217

JEFFREY v DIRECTOR OF PUBLIC PROSECUTIONS (CWLTH) SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

HANDLEY, COLE JJA and GILEs AJA 26 July 1995, 3 August 1995

[1995] NSWCA 217

Proceeds of Crime Act 1987 — applicable principles of statutory construction construction of s48(4) — not retrospective — meaning of "unlawful activity' — meaning of "derived".

Handley JA I agree with Cole JA.

Cole JA On 16 July 1991 the appellant, Edward Malcolm Jeffrey was found guilty of having been knowingly concerned in bringing into Australia a commercial quantity of cannabis. The importation event occurred in June 1988 and involved more than 3 tonnes of cannabis. The cannabis was brought to Australia from Asia on board a sailing vessel, the ketch "Jalina", it being transhipped from that vessel to two hired clipper motor boats off the entrance to Broken Bay. It was seized by customs when brought into Broken Bay. The appellant, who was then ashore, went into hiding, assumed the false identity of one Townsend, and escaped detection until arrested in March 1990. When arrested he had in his possession currency comprising USD27,573 and AUD4,559.44.

In 1971 the appellant bought a 1969 Triumph motor vehicle for $1,200. In 1979 he purchased a Glebe property for $41,000 and in 1983 he purchased a rural property at Nundle for $105,000. In 1984 he purchased a 1962 Rolls Royce for $10,000.

The crime for which the appellant was convicted is a "serious offence" within the meaning of s7 Proceeds of Crime Act 1987. Accordingly, the consequence of s30 of that Act is that, if a restraining order is made pursuant to s43 of the Act regarding property of the appellant, that property is forfeited to the Commonwealth upon the expiration of 6 months from the date of conviction unless, within that time, a declaration is made pursuant to s48(4) of the Act that the restraining order in respect of the property be disregarded for the purposes of 30.