NSW Crime Commission v O B & Anor [2002] NSWSC 633

New South Wales Supreme Court

CITATION : NSW Crime Commission v O B & Anor [2002] NSWSC 633 CURRENT JURISDICTION: Common Law Division FILE NUMBER(S) : SC 12571/01 HEARING DATE(S) : 3 - 5 July 2002 JUDGMENT DATE : 18 July 2002

New South Wales Crime Commission PARTIES : O B W B JUDGMENT OF : Sperling J at 1

COUNSEL : Mr I Temby QC with Mr R Bromwich for the Plaintiff (Respondent) Mr C Steirn SC with Mr G Jones for the First Defendant (Applicant) SOLICITORS : New South Wales Crime Commission for the Plaintiff (Respondent) Lough & Wells Lawyers for the First Defendant (Applicant) CATCHWORDS : Criminal Law - proceeds of crime - application to vary order by allowing withdrawal for legal defence costs - whether restrained property illegally acquired LEGISLATION CITED : Criminal Assets Recovery Act 1990, s5, s9, s10, s16A, s62 Drug Misuse and Trafficking Act 1985, Sch.1 Briginshaw v Briginshaw (1938) 60 CLR 336 CASES CITED : Jones v Dunkel (1959) 101 CLR 298 Sandford (1994) 72 A Crim R 160 DECISION : Application refused with costs.

- 29 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION Proceeds Of Crime List

Sperling J

Thursday, 18 July 2002

12571/01 NSW Crime Commission v O B & Anor

Judgment 1 His Honour: On 16 August 2001, O B (hereafter "the applicant") was arrested and charged with the following offences: * Supply prohibited drug cocaine indictable quantity (x4); * Supply prohibited drug amphetamine indictable quantity; * Permit premises to be used as drug premises; * Organise conduct assist drug premises; * Goods in custody