New South Wales Crime Commission v Kelly and Ors (No 2) [2003] NSWSC 154

New South Wales Supreme Court

CITATION : New South Wales Crime Commission v Kelly and Ors (No 2) [2003] NSWSC 154 revised - 4/04/2003 HEARING DATE(S) : 11/2/03, 12/2/03, 26/2/03, 27/2/03 JUDGMENT DATE : 17 March 2003

JUDGMENT OF : Shaw J DECISION : Direct applicant to bring in short minutes of order to give effect to this judgment within one week

CATCHWORDS : Criminal assets recovery - assessment - hardship LEGISLATION CITED : Crimes (Confiscation of Profits) Act 1985; Criminal Assets Recovery Act 1990 ss 22, 25, 26, 27, 28 NSWCC v Kelly and Ors (No 1) [2003] NSWSC 56; CASES CITED : NSWCC v Kelly and Ors [2001] NSWSC 247; R v Fagher (1989) 16 NSWLR 67; New South Wales Crime Commission - Plaintiff PARTIES : Lawrence Raymond Kelly - First defendant Glenda Jane Rangi - Second defendant Lillian Rangi - Third defendant FILE NUMBER(S) : SC 11044 of 1998 COUNSEL : I Temby, QC with P Singleton - Plaintiff T Healey - Defendants SOLICITORS : New South Wales Crime Commission - Plaintiff

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

Shaw J

17 March 2003

11044 of 1998

New South Wales Crime Commission (Plaintiff)

v

Lawrence Raymond Kelly (First defendant);

Glenda Jane Rangi (Second defendant);

Lillian Rangi (Third defendant)

[No 2]

JUDGMENT 1 Shaw J: This is an application for the Court to make an assessment of the amount of money or other consideration derived by the defendants from their (alleged) illegal activities in the period from 13 February 1993 to 12 February 1999. It is put by the plaintiff, the New South Wales Crime Commission ("the NSWCC"), that the defendants were engaged in the sale of illegal drugs. They did so from what one might have assumed was the relatively sleepy town of Boggabri, with a population of approximately 900 people.