COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS v. WEBB & ANOR [1999] NSWSC 409

New South Wales Supreme Court CITATION : COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS v. WEBB & ANOR [1999] NSWSC 409 CURRENT JURISDICTION : Common Law FILE NUMBER(S) : 10940 of 1997 HEARING DATE(S) : 29.4.99; 30.4.99 JUDGMENT DATE : 30 April 1999

PARTIES : COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS v. Frank Robert WEBB & ANOR JUDGMENT OF : Greg James J at 1

COUNSEL : Plaintiff: T. Game, SC. Defendant. L. Aitken SOLICITORS : Plaintiff: Commonwealth Director of Public Prosecutions Defendant: Colbron & Associates CATCHWORDS : Proceeds of crime - conviction. DECISION : Application for extension dismissed. Declare property forfeit.

WEBB2 -2- IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

No. 10940 of 1997

GREG JAMES, J.

FRIDAY 30 APRIL 1999

COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS v. FRANK ROBERT WEBB & ANOR

JUDGMENT HIS HONOUR:

1 In consequence of the views I expressed yesterday in the judgment I gave on the preliminary question on the application by the first and second defendants for extension of time, the parties have appeared this morning, and I have entertained short submissions as to the form of the appropriate relief. 2 It is accepted by both parties that consistent with the views I expressed yesterday the application should be dismissed. Further, it is accepted that because of the basis for that dismissal, that is the finding as to when the relevant conviction occurred, it is accepted by both parties that it is appropriate, and would logically follow that the Director should have a declaration in his favour in the terms set out in the short minutes filed by the Director, initialled by me, and placed with the papers. 3 I therefore dismiss the application for extension of time, and make the declaration set out in the short minutes. I reserve the costs and reserve to the parties liberty to apply in respect of the matter of costs on one week's notice. 4 I cannot depart, however, from these proceedings without observing that if the effect of the procedures in the criminal courts in New South Wales are such as to make it necessary to embark on an enquiry into obscure facts and implications to enable the ascertainment of when such an important matter as a conviction occurred, for the purposes of ascertaining the rights of third parties to retain their own property, then it is necessary, at least because of the draconic effects that may occur under proceeds of crime legislation, for those procedures to be reconsidered so that all who deal in property might know whether it might be so adversely affected as to defeat legitimate expectations. 5 I will direct a copy of these remarks be taken out and forwarded with my judgment to the enquiry which, I understand, is now proceeding by the Australian Law Reform Commission. And further, that a copy of these remarks and the judgment be provided to the New South Wales Law Reform Commission and the Attorney-General's Criminal Law Review Division so that they might give consideration to procedures for the formal entry of a conviction, the pronouncement in some definite, easily ascertained form of the record of the conviction such as would make clear in this State as it is in others when a conviction occurs as a matter of fact and law. ********