NSW Caselaw
Reported Decision: 177 A Crim R 130
New South Wales Court of Appeal
CITATION: Shields & Ors v New South Wales Crime Commission [2007] NSWCA 309
HEARING DATE(S): 2 April 2007
JUDGMENT DATE: 2 November 2007
JUDGMENT OF: Beazley JA at 1; Hodgson JA at 132; Tobias JA at 133
DECISION: 1. Extend the time in which to file the Summons for Leave to Appeal to 16 June 2006; 2. Grant leave to appeal; 3. Appeal dismissed; 4. Claimants to pay the opponent's costs of the Summons for Leave to Appeal and the appeal.
CATCHWORDS: CRIMINAL LAW – restraining order – s 10 Criminal Assets Recovery Act 1990 (NSW) – serious crime related activity – reasonable grounds for suspicion – larceny – money withdrawn from account after an automatic banking malfunction – knowledge of conditions placed on withdrawal and ban on account – elements of larceny satisfied – money withdrawn serious crime derived property - CRIMINAL LAW – restraining order – s 10 Criminal Assets Recovery Act 1990 (NSW) – serious crime derived property – reasonable grounds for suspicion – property in hands of other persons – person suspected of having engaged in serious crime related activity transferred money to partner, partner's children and partner's companies – application for restraining order not required to prove property has ceased to be serious crime derived property – whether sufficient evidence to establish reasonable grounds for suspecting claimants' property was serious crime derived property - CRIMINAL LAW – restraining order – s 10 Criminal Assets Recovery Act 1990 (NSW) – orders restrained interests in property acquired directly or indirectly from funds drawn or provided by person suspected of having engaged in serious crime related activity – Commission may apply to restrain "specified interest" or "specified class of interests" in property of another person – "specified interest" is in narrower terms than "specified class of interests" – whether order of sufficient specificity for identifying property - WORDS AND PHRASES – "specified class of interests", "specified interests"
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