Director of Public Prosecutions (NSW) v Colakoglu; Director of Public Prosecutions (NSW) v Dodd; Director of Public Prosecutions (NSW) v Whitby; Director of Public Prosecutions (NSW) v EC [2015] NSWCCA 301

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Director of Public Prosecutions (NSW) v Colakoglu; Director of Public Prosecutions (NSW) v Dodd; Director of Public Prosecutions (NSW) v Whitby; Director of Public Prosecutions (NSW) v EC [2015] NSWCCA 301 Hearing dates: 11 May 2015 Decision date: 02 December 2015 Before: Macfarlan JA at [1] Johnson J at [2] R S Hulme AJ at [107] Decision: 1. The Director's appeal with respect to the Respondent Colakoglu is dismissed.

2. The Director's appeal with respect to the Respondent Dodd is dismissed.

3. The Director's appeal with respect to the Respondent EC is dismissed.

4. The Director's appeal with respect to the Respondent Whitby is dismissed. Catchwords: CRIMINAL LAW - Director's appeals against quantum of drug proceeds orders against four Respondents - Respondents pleaded guilty to various drug trafficking offences - challenge to competency of appeals - whether Director's right to appeal under s. 92(4) Confiscation of Proceeds of Crime Act 1989 limited to a complete refusal to make an order and not quantum of the order - R v Galek (1993) 70 A Crim R 252 followed - appeals competent - Director sought drug proceeds order against each of multiple offenders in the amount of the sale price of the drugs - primary Judge made drug proceeds orders confined to the profits made by each offender - meaning of "benefit" considered - no error shown in primary Judge's reasoning - appeals dismissed Legislation Cited: Confiscation of Proceeds of Crime Act 1989 Crimes (Sentencing Procedure) Act 1999 Crimes (Sentencing Procedure) Amendment Act 2010 Criminal Appeal Act 1912 Drug Misuse and Trafficking Act 1985 Cases Cited: Commissioner of Australian Federal Police v Fysh [2013] NSWSC 81; 272 FLR 414 Cornwell v Commissioner of the Australian Federal Police (1990) 24 FCR 544 Director of Public Prosecutions (Qld) v Raines (1995) 79 A Crim R 448 Fleming v The Queen [1998] HCA 68; 197 CLR 250 Green v The Queen [2011] HCA 49; 244 CLR 462 Jimmy v The Queen [2010] NSWCCA 60; 77 NSWLR 540 R v Arnold [1993] 30 NSWLR 73 R v Fagher (1989) 16 NSWLR 67 R v Galek (1993) 70 A Crim R 252 R v Hall [2013] NSWCCA 47; 227 A Crim R 544 R v Nieves (1991) 51 A Crim R 350 R v Pedersen [1995] 2 NZLR 386 Re Ashworth (1992) 2 Qd R 459 Whitby v R [2015] NSWCCA 124 Studman v Director of Public Prosecutions (Cth) [2007] NSWCCA 285; 177 A Crim R 34 Taylor v The Owners - Strata Plan No. 11564 [2014] HCA 9; 253 CLR 531 Turnbull v New South Wales Medical Board [1976] 2 NSWLR 281 Texts Cited: Pearce and Geddes, "Statutory Interpretation in Australia", LexisNexis Butterworths, 2014, 8th Edn Category: Principal judgment Parties: Regina (Appellant) Aydin Colakoglu, Joel Anthony Dodd, Mitchell Whitby and EC (Respondents) Representation: Counsel: Mr K McKay (Appellant) Mr GA Brady SC (Respondent Colakoglu) Mr HK Dhanji SC; Ms R Burgess (Respondents Dodd, Whitby and EC)