The Commissioner of the Australian Federal Police v James Henry Kinch [2016] NSWSC 1424

Supreme Court New South Wales

Medium Neutral Citation: The Commissioner of the Australian Federal Police v James Henry Kinch [2016] NSWSC 1424 Hearing dates: 5 October 2016 Date of orders: 06 October 2016 Decision date: 07 October 2016 Before: Hall J Decision: Pursuant to s 95 of the Proceeds of Crime Act 2002 (Cth) (the Act), the items set out in Schedule 1 to 6 in the Notice of Motion filed on 17 August 2016 are forfeited under Part 2-3 of the Act. The question of costs is reserved. Catchwords: PROCEEDS OF CRIME – Proceeds of Crime Act 2002 – Forfeiture on conviction of a serious offence – automatic forfeiture provisions (s 92 of the Act) – forfeiture at end of six month period starting on conviction day or the extended period – application for extension order made day prior to expiration of six month period – no extension order made prior to expiration of the six month period – property subject to a forfeiture order was forfeited as expiration of the six month period – s 94(2) of the Act – application for extension order and exclusion order dismissed Legislation Cited: Criminal Code 1995 (Cth) Proceeds of Crime Act 2002 (Cth) Cases Cited: ASIC v Marlborough Gold Mines Ltd (1993) 177 CLR 485 at 492; HCA 13 Australian Broadcasting Commission v Australasian Performing Right Association Ltd (1973) 129 CLR 99; HCA 36 Coco v the Queen (1994) 179 CLR 427; HCA 15 Commissioner for Railways (NSW) v Agalianos (1955) 92 CLR 390; HCA 27 Commissioner of the Australian Federal Police v Hart and Ors [2016] QCA 215 Commissioner of the Australian Federal Police v Nguyen [2016] NSWSC 883 DPP v Alex Chan [2001] NSWCA 249 Gett v Tabet (2009) 254 ALR 504; NSWCA 76 Hall v Director of Public Prosecutions [2015] SASCFC 19 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 The Commissioner of the Australian Federal Police v Halac [2015] NSWSC 520 Category: Principal judgment Parties: Commissioner of the Australian Federal Police (Applicant) James Henry Kinch (Respondent) Representation: Counsel: Mr D Tynan (Applicant) Ms S Goodwin (Respondent)