DIRECTOR OF PUBLIC PROSECUTIONS v. DIEZ [2003] NSWSC 238

New South Wales Supreme Court

CITATION : DIRECTOR OF PUBLIC PROSECUTIONS v. DIEZ [2003] NSWSC 238 HEARING DATE(S) : 2/12/02; 4/12/02; 5/12/02; 6/12/02; 9/12/02 JUDGMENT DATE : 31 March 2003 JURISDICTION: Common Law JUDGMENT OF : Greg James J at 1 DECISION : Orders in accordance with short minutes varying restraining order to exclude defendant's property and declaring s.30 not to apply to that property.

CATCHWORDS : Applications under s.48(3)(g) and s.48(4) of Proceeds of Crime Act granted - proceeds of crime - application to avoid forfeiture - monies expended on family home - monies obtained from overseas - whether derived from unlawful activity - not derived from unlawful activity and was lawfully acquired - liability to income tax - no report under Financial Transactions Reports Act - hardship - public interest that order not be made. LEGISLATION CITED : Proceeds of Crime Act 1987 (Cth) Jeffrey v. DPP (1992) 58 A. Crim. R. 310 Jeffrey v. DPP (1995) 79 A. Crim. R. 514 Brauer v. DPP (1989) 45 A. Crim. R. 109 Muschinski v. Dodds (1986) 160 CLR 583 CASES CITED : Narita v. DPP (CCA, unreported 7 March 1997) DPP v. Blake (1992) 60 A. Crim. R. 257 DPP v. Kovacs (Hansen, J., unreported, Victorian Supreme Court, 22 June 1995) Taylor v. Attorney General (1991) 53 A. Crim. R. 166 DPP (WA) v. Farley (unreported, Heenan, J. 17 September 1996) Regina v. Wealand [2002] NSWCCA 471 PARTIES : COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS v. MAXIMILLIANO DIEZ FILE NUMBER(S) : SC No. 10408 of 2000 COUNSEL : Plaintiff: K. Chapple Defendant: G. Jones SOLICITORS : Plaintiff: Commonwealth DPP Defendant: Freemans Solicitors