NSW Caselaw
Reported Decision : (2002) 136 A Crim R 159
New South Wales Court of Criminal Appeal
CITATION : Regina v Wealand [2002] NSWCCA 471 FILE NUMBER(S) : CCA 60090/02 HEARING DATE(S) : 27/11/02 JUDGMENT DATE : 4 December 2002
PARTIES : Regina (Appl) David Ralph Wealand (Resp) JUDGMENT OF : Spigelman CJ at 1; Sully J at 2; Kirby J at 3
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/71/0090 LOWER COURT JUDICIAL Woods ADCJ OFFICER :
COUNSEL : P J P Power SC (Appl) M Buscombe (Resp) SOLICITORS : S E O'Connor (Appl) Peter Ash & Assocs (Resp) CATCHWORDS : CRIMINAL PRACTICE & PROCEDURE - Crown appeal against dismissal of forfeiture application - Confiscation of Proceeds of Crime Act 1989 - Meaning of 'hardship' - Whether Judge took account of sentence imposed (s18(2)) LEGISLATION CITED : Confiscation of Proceeds of Crime Act 1989 Drug Misuse and Trafficking Act 1985 R v Lake (1989) 44 A Crim R 63 R v Galek (1993) 70 A Crim R 252 CASES CITED: House v The King (1936) 55 CLR 499 R v Kalache [2000] NSWCCA 2 Taylor v Attorney-General for the State of South Australia (1991) 55 SASR 462 R v Bolger (1989) 16 NSWLR 115 DECISION : Appeal dismissed
IN THE COURT OF CRIMINAL APPEAL 60090/02
SPIGELMAN CJ SULLY J KIRBY J
Wednesday 4 December 2002 REGINA v David Ralph WEALAND Judgment 1 SPIGELMAN CJ: I agree with Kirby J. 2 SULLY J: I agree with Kirby J. 3 KIRBY J: The Crown appeals under s92(4) of the Confiscation of Proceeds of Crime Act 1989 ("the Act") against the refusal by Woods ADCJ to make an order forfeiting certain property of David Ralph Wealand, which was said to be tainted property.
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