DPP v Brown [2005] NSWSC 870

New South Wales Supreme Court

DPP v Brown [2005] NSWSC 870 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 19/07/2005, 28/7/2005

JUDGMENT DATE : 28 July 2005

JUDGMENT OF : Howie J at 1

DECISION : The Court orders: (1) Payment out of the monies held by the Public Trustee of the following sums: (a) $30,800 (incl. GST) in relation to preparation to date and legal costs of committal proceedings (b) $3,500 for a medical report by a neurosurgeon. The applicant is allowed costs of these proceedings.

CATCHWORDS : Forfeiture of assets - application for variation of restraining order in respect of funds arising from a murder suspect selling her version of events to the media while under police investigation - variation granted to permit funding of legal representation.

LEGISLATION CITED : Confiscation of Proceeds of Crime Act 1989 - ss 4, 43(2), 43(6)

New South Wales Crime Commission v Younan (1993) 31 NSWLR 44 CASES CITED : R v Weightman (NSWSC, unreported, 23 June 2004)

PARTIES : Director of Public Prosecutions v Karen Alma Brown

FILE NUMBER(S) : SC 12457/2004

A. Bellanto with G. Jones - Applicant COUNSEL : I. Temby QC - Respondent

Mark Rumore - Applicant SOLICITORS : S. Kavanagh - Respondent

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HOWIE J

TUESDAY 30 AUGUST 2005

12457/2004 DIRECTOR OF PUBLIC PROSECUTIONS v KAREN ALMA BROWN

JUDGMENT 1 HIS HONOUR: On 28 July 2005 the Court made orders for the payment of monies held by the Public Trustee to Karen Alma Brown (the applicant) for payment by her on account of legal fees and the preparation of a report of a neurosurgeon in connection with her defence of a charge of murder. The amount of money to be paid to the applicant totalled $34,300. These are the reasons for the making of those orders. 2 By Notice of Motion the applicant sought a variation of a restraining order made by this Court on 3 August 2004 in order to provide her with legal and other expenses pursuant to s 43(6) of the Confiscation of Proceeds of Crime Act (the Act). The section provides: