NSW Caselaw
Reported Decision : 144 A Crim R 506
New South Wales Court of Criminal Appeal
CITATION : Director of Public Prosecutions v O'Driscoll [2004] NSWCCA 119 HEARING DATE(S) : 12/02/2004 JUDGMENT DATE : 22 March 2004
JUDGMENT OF : Beazley JA at 1; O'Keefe J at 2; Bell J at 35 DECISION : Appeal dismissed.
CATCHWORDS : Criminal law - Appeal - Pecuniary Penalty Order - Pecuniary Penalty Order based on several convictions - Quashing of some such convictions - Time for appeal against making of Pecuniary Penalty Order - Amendments to legislation concerning Pecuniary Penalty Orders - Effect of legislative amendments. Proceeds of Crime Act 1987 (Cth) ss 14, 22, 26, 27, 30, 32, 57, 100 Proceeds of Crime Act 2002 (Cth) ss 2, 5, 116, 120, 338, 146, Part 2-2, Division 6, Part 2-4, Division 5 LEGISLATION CITED : Crimes Act 1914 (Cth) s 29D Financial Transaction Reports Act 1988 (Cth) s 31 Criminal Appeal Act 1912 (NSW) s 10 Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002 (Cth) s 23, Schedule 7, Part 1. PARTIES : Director of Public Prosecutions (Cth) William Benedict O'Driscoll FILE NUMBER(S) : CCA 660345/03 COUNSEL : Mr T Muir - Crown Mr M Thangaraj with Mr I McLachlan - Respondent SOLICITORS : Commonwealth Director of Public Prosecutions James A Maustacas & Co
LOWER COURT District Court JURISDICTION : LOWER COURT 01/11/0660 FILE NUMBER(S) : LOWER COURT Blackmore DCJ JUDICIAL OFFICER :
- 14 - IN THE COURT OF CRIMINAL APPEAL 660345 of 2003
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