NSWCC v CROTTY & ANOR [1999] NSWSC 146

New South Wales Supreme Court CITATION : NSWCC v CROTTY & ANOR [1999] NSWSC 146 CURRENT JURISDICTION : Common Law FILE NUMBER(S) : 13179/94 HEARING DATE(S) : 16/2/99; 17/2/99 JUDGMENT DATE : 17 February 1999

NSW Crime Commission PARTIES : Barry Francis Crotty Jennifer Margaret Crotty JUDGMENT OF : Wood CJatCL

COUNSEL : I.D. Temby QC/N. Buscombe for Plaintiff Defendant in person SOLICITORS : J.M. Giorgiutti for Plaintiff Defendant in person CATCHWORDS : CRIMINAL LAW - confiscation of criminal proceeds - assets acquired through involvement in serious crime-related activity involving indictable offence - standard of proof required by Criminal Assets Recovery Act 1990 to obtain orders for proceeds assessment and assets forfeiture. Criminal Assets Recovery Act 1990 ss 6 222 ACTS CITED : 25 27 28 Drug Misuse and Trafficking Act 1985 s 25 DECISION : (1) Assets forfeiture made in relation to residential property, subject to defendant's aplication for leave to exclude premises from the order;; (2) Proceeds assessment order in sum of $731,700; (3) Defendant to pay plaintiff's costs, including any reserved costs.

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

No. 13179/94

WOOD CJ at CL

WEDNESDAY 17 FEBRUARY 1999 NEW SOUTH WALES CRIME COMMISSION v BARRY FRANCIS CROTTY & ANOR

Proceedings under the Criminal Assets Recovery Act 1990 were brought by the New South Wales Crime Commission ("the Commission") against the defendant, in connection with his conviction of the offence of supply a prohibited drug under s 25(1) of the Drug Misuse and Trafficking Act 1985. The Commission sought a proceeds assessment order against the defendant, and an assets forfeiture order in respect of residential premises jointly owned by him and his wife.