NSW Caselaw
New South Wales Supreme Court
CITATION : Director of Public Prosecutions (Cth) v Studman [2008] NSWSC 250
HEARING DATE(S) : 22 February 2008
JUDGMENT DATE : 28 March 2008
JUDGMENT OF : Fullerton J
DECISION : The defendant to pay the Commonwealth a pecuniary penalty assessed at $381,749.95 pursuant to s 116 of the Proceeds of Crime Act 2002 (Cth).
CATCHWORDS : PROCEEDS OF CRIME - Pecuniary penalty order - Defendant derived a benefit from the commission of offences - Whether reductions apply to the determination of the pecuniary amount - Consideration given to s 16 of the Crimes (Superannuation Benefits) Act
Bankruptcy (Estate Charges) Act 1997 (Cth) Crimes Act 1900 LEGISLATION CITED : Crimes Act 1914 (Cth) Crimes (Superannuation Benefits) Act 1989 (Cth) Proceeds of Crime Act 2002 (Cth)
Director of Public Prosecutions v Delaney (1998) 7 TASR 383 CASES CITED : Director of Public Prosecutions v Studman [2005] NSWSC 824 Studman v Commonwealth Director of Public Prosecutions [2007] NSWCA 285 Studman v Regina [2007] NSWCCA 263
PARTIES : Commonwealth Director of Public Prosecutions (Plaintiff) Michael Simon Studman (Defendant)
FILE NUMBER(S) : SC 2004/12262
COUNSEL : T Muir (Crown) M Studman (In person)
SOLICITORS : Commonwealth Director of Public Prosecutions (Crown) M Studman (In person)
- 13 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CIVIL LIST
FULLERTON J
28 MARCH 2008
2004/12262 COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS v MICHAEL SIMON STUDMAN
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