Arora v Commonwealth Director of Public Prosecutions [2011] NSWSC 552

Supreme Court New South Wales

Medium Neutral Citation: Arora v Commonwealth Director of Public Prosecutions [2011] NSWSC 552 Hearing dates: 3 June 2011 Decision date: 10 June 2011 Before: Simpson J Decision: Summons dismissed. Catchwords: CRIMINAL LAW - procedure - application for stay - particulars alleged - charge of money laundering - dealing with money intending that money will become an instrument of the crime - "structuring" - same activity alleged to constitute the "dealing" and the crime for which money intended to be used as an instrument - dealing also includes "possession" - particulars may be revised - order for stay refused - summons dismissed CRIMINAL LAW - procedure - application for permanent stay - abuse of process - prosecution of money laundering offence when substantive charge of "structuring" available - higher maximum penalty - exercise of prosecutorial discretion - no abuse of process established - summons dismissed Legislation Cited: Criminal Code (Cth) Financial Transaction Reports Act 1988 Cases Cited: Nahlous v R [2010] NSWCCA 58; 201 A Crim R 150 R v Huang; R v Siu [2007] NSWCCA 259; 174 A Crim R 370 Thorn v R [2009] NSWCCA 294; 198 A Crim R 135 Category: Interlocutory applications Parties: Gaurav Arora (Plaintiff) Commonwealth Director of Public Prosecutions (Defendant)

Jagdish Arora (Plaintiff) Commonwealth Director of Public Prosecutions (Defendant) Representation: Counsel: P Hastings QC/W P Lowe (Plaintiffs) G J Bellew SC (Defendants) Solicitors: Hardinlaw (Gaurav Arora) William O'Brien & Ross Hudson Solicitors (Jagdish Arora) Commonwealth Director of Public Prosecutions (Defendants) File Number(s): 2011/32429; 2011/121324