Director of Public Prosecutions (Cth) v Della-Vedova [2010] NSWSC 8

237 FLR 232 Reported Decision : 75 NSWLR 602 [2010] ALMD 5651

New South Wales Supreme Court

CITATION : Director of Public Prosecutions (Cth) v Della-Vedova [2010] NSWSC 8

HEARING DATE(S) : 1 October 2009, 4 December 2009, final submissions 18 December 2009

JUDGMENT DATE : 27 January 2010

JUDGMENT OF : Harrison J

DECISION : The parties are directed to bring in short minutes of order.

CATCHWORDS : CRIMINAL ASSETS – Crimes (Superannuation Benefits) Act 1989 – where defendant employed by the Australian Defence Force in three separate and disconnected periods – defendant misappropriated rocket launchers from his employer during the third period of employment – where defendant's conduct amounted to the commission of corruption offences as defined in the Act – where the Commonwealth sought a superannuation order for the repayment to it of employer contributions or benefits paid to the defendant when so employed - whether the order could extend to recovery of such contributions or benefits made in the first or second periods of employment or was limited to those contributions or benefits received by the defendant in the third period – superannuation order made but limited to the contributions or benefits made during the period when the corruption offences were committed.

Australian Federal Police Act 1979 Crimes (Superannuation Benefits) Act 1989 Criminal Code Act 1995 LEGISLATION CITED : Defence Force Retirement and Death Benefits Act 1973 Evidence Act 1995 Proceeds of Crime Act 1987 Superannuation Act 1990 Weapons Prohibition Act 1998

CATEGORY : Principal judgment