DPP (Cth) v Wei-Liang Tu [2005] NSWSC 772

New South Wales Supreme Court

CITATION : DPP (Cth) v Wei-Liang Tu [2005] NSWSC 772

HEARING DATE(S) : 19/07/05

JUDGMENT DATE : 19 July 2005

Common Law Division JURISDICTION :

JUDGMENT OF : Kirby J

DECISION : (1) The application is dismissed; (2) The applicant to pay the Director's costs.

CATCHWORDS : Criminal Practice & Procedure - application to exempt gambling winnings at Casino from forfeiture order.

Proceeds of Crime Act 2002 (Cth) LEGISLATION CITED : Customs Act 1901 Financial Transaction Reports Act 1988

CASES CITED : New South Wales Crime Commission v OB & Anor [2002] NSWSC 633

Director of Public Prosecutions (Cth) PARTIES : Wei-Liang Tu

FILE NUMBER(S) : SC 011184/2003

G J Bellew - DPP (Pl/Resp) COUNSEL : J Watts (Def/Appl)

DPP (Cth) (Pl/Resp) SOLICITORS : Back Schwartz Vaughan (Def/Appl)

LOWER COURT JURISDICTION : District Court

LOWER COURT JUDICIAL OFFICER : Finnane DCJ

Ex tempore - Revised IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

JUSTICE DAVID KIRBY

Tuesday 19 July 2005

011184/03 DIRECTOR OF PUBLIC PROSECUTIONS v WEI-LIANG TU

JUDGMENT 1 KIRBY J: Application is made by Wei-Liang Tu (the applicant) against the Director of Public Prosecutions in respect of certain funds which, at the time of his arrest on 14 May 2003, were standing to his credit in an account at the Star City Casino. The funds were subject to a restraining order made under the Commonwealth Proceeds of Crime Act 2002. The application by Mr Tu is made under s94(1) of that Act. 2 Mr Wei-Liang Tu and a Mrs Zhang were charged with the importation and possession of drugs. They separately stood trial before Finnane DCJ and a jury in the District Court. Each was convicted of two offences. In the case of Mr Tu, the first charge was that on 14 May 2003 the defendant did, without reasonable excuse, attempt to obtain possession of prohibited imports to which s233B of the Customs Act 1901 applied, to wit a quantity of methylamphetamine, namely 212 kilograms. 3 The second charge was that on 14 May 2003 he did, without reasonable excuse, have in his possession prohibited imports to which s233B of the Customs Act 1901 applied, to wit a quantity of methylamphetamine, namely 107 kilograms.