New South Wales Crime Commission v Orchard [2014] NSWSC 643

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Orchard [2014] NSWSC 643 Hearing dates: 20 May 2014 Decision date: 20 May 2014 Before: Schmidt J Decision: Consent orders made. Catchwords: CRIMINAL LAW - procedure - Criminal Assets Recovery Act 1990 (NSW) - consent orders Legislation Cited: Crimes Act 1900 (NSW) Criminal Assets Recovery Act 1990 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: New South Wales Crime Commission v Orchard (Supreme Court of NSW, 27 June 2012, unreported, Schmidt J) Category: Procedural and other rulings Parties: New South Wales Crime Commission (Plaintiff) Dean Thomas Orchard (Defendant) Representation: Solicitors: Ms A Miranda New South Wales Crime Commission (Plaintiff): File Number(s): 2012/203141 Publication restriction: None

EX TEMPORE Judgment 1The proceedings were commenced by summons in June 2012, supported by an affidavit sworn by Mr Spark, the NSW Crime Commission's Director, Financial Investigations, who deposed to his suspicions that the defendant, Dean Thomas Orchard, had engaged in a serious crime related activity, namely, conspiring to supply a prohibited drug, heroin, contrary to s 26 of the Drug Misuse and Trafficking Act 1985 (NSW), for reasons there explained. 2On 27 June 2012 I made restraining and other orders under s 10 and s 12 of the Criminal Assets Recovery Act 1990 (NSW), in respect of Mr Orchard's interests in certain property (see New South Wales Crime Commission v Orchard (Supreme Court of New South Wales, 27 June 2012, unreported). 3The parties now ask the Court to make a further order by consent, dismissing the application for a proceeds assessment order, Mr Orchard having warranted that his only interests in property as at the date of signing the orders were those specified in the schedule to the order. 4Having considered the terms of the order sought and the circumstances in which they are pursued, I am satisfied that the Court's discretion should be exercised in the terms which the parties have agreed. 5Accordingly, I make orders in the terms sought, with the result that the restraining order ceases to be in force and the proceedings are brought to an end.