New South Wales Crime Commission v Al Jannat [2013] NSWSC 935

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Al Jannat [2013] NSWSC 935 Hearing dates: 12 July 2013 Decision date: 12 July 2013 Jurisdiction: Common Law - Criminal Before: Schmidt J Decision: Consent orders made. Catchwords: CRIMINAL LAW - procedure - Criminal Assets Recovery Act 1990 - consent orders Legislation Cited: Criminal Assets Recovery Act 1990 Category: Interlocutory applications Parties: New South Wales Crime Commission (Plaintiff) Mohammad Ashabul Al Jannat (Defendant) Representation: Solicitors: Ms R Katrib New South Wales Crime Commission File Number(s): 2012/65470 Publication restriction: None

EX TEMPORE Judgment 1By summons filed in February 2012 the New South Wales Crime Commission sought orders against the defendant under s 31D of the Criminal Assets Recovery Act 1990. The application was supported by an affidavit sworn by Mr Spark, the Commission's Director (Financial Investigations), in which he explained the basis upon which he suspected that the defendant had engaged in 'serious crime related activity', as defined in s 6 of the Act. 2On 17 September 2012 orders were made by Hall J under s 31D for the examination of the defendant and the provision of a certain statement. 3Today the parties ask the Court to make orders in terms which have been filed granting the Commission leave to amend its summons, to seek a forfeiture order under s 22 of the Act in relation to some $57,555 cash seized from the defendant, as well as orders under s 10A and s 10B, in relation to identified property of the defendant and dismissing the unexplained wealth order application. 4The parties have also agreed to the terms of a release given by the defendant in favour of the Commission and as to costs. 5In the circumstances before the Court I am satisfied that the parties' agreement should be given effect and that orders made in the terms which their solicitors have executed, should be made. I order accordingly.