NSW Caselaw
Reported Decision: 179 A Crim R 58
New South Wales Court of Appeal
CITATION: LIU Zhong Bao v NEW SOUTH WALES CRIME COMMISSION [2007] NSWCA 347
HEARING DATE(S): 16 November 2007
JUDGMENT DATE: 6 December 2007
JUDGMENT OF: Mason P at 1; Tobias JA at 2; Basten JA at 3
DECISION: Appeal dismissed with costs.
CRIMINAL ASSETS – serious crime derived property – interest in property subject to restraining order – where owner of property subject to restraining order not suspected of engaging in serious crime related activity – assets forfeiture order – exclusion order - Criminal Assets Recovery Act 1990 (NSW), ss 22 and 25 CATCHWORDS: WORDS & PHRASES – "derived" in Financial Transactions Report Act 1988 (Cth), s 15 – "illegal activity" – "interest in property" – "property" – "serious crime derived property" – in Criminal Assets Recovery Act 1990 (NSW)
Criminal Assets Recovery Act 1990 (NSW), ss 4, 7, 9, 10, 12, 22, 25 LEGISLATION CITED: Crimes Act 1900 (NSW), s 527C Drug Misuse and Trafficking Act 1985 (NSW), s 25 Financial Transaction Reports Act 1988 (Cth), s 15
Commonwealth Director of Public Prosecutions v Hart [2007] QCA 184 CASES CITED: Director of Public Prosecutions (Vic) v Le [2007] HCA 52 Jeffrey v Director of Public Prosecutions (Cth) (1995) 79 A Crim R 514 New South Wales Crime Commission v Ollis (2006) 65 NSWLR 478
PARTIES: LIU Zhong Bao – Appellant New South Wales Crime Commission - Respondent
FILE NUMBER(S): CA 40312/07
COUNSEL: G Nicholson QC/B Cross – Appellant I Temby QC/Dr J Renwick - Respondent
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