New South Wales Crime Commission v Hayward [2018] NSWSC 571

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Hayward [2018] NSWSC 571 Hearing dates: 24 April 2018 Date of orders: 26 April 2018 Decision date: 24 April 2018 Jurisdiction: Common Law Before: McCallum J Decision: Pursuant to s 27 of the Criminal Assets Recovery Act 1990 ("the Act"), the defendant, Geoffrey Ronald Hayward pay to the Treasurer the amount of $27,900 (being the value of proceeds derived by Geoffrey Ronald Hayward form the illegal activities of Geoffrey Ronald Hayward that took place not more than six years before the making of the application under s 27 of the Act; Pursuant to s 28C(11) of the Act the NSW Trustee and Guardian pay the Treasurer the amount of $27,900 from the funds that are subject to the control of the NSW Trustee and Guardian (being net proceeds of sale of Lot 8 in Deposited Plan 700395 at Mudgee, Parish of Kerr, County of Wellington) to discharge the debt created by Order 1; Pursuant to s 28C(11) of the Act the NSW Trustee and Guardian pay the balance of the funds referred to in Order 2 to the defendant. Catchwords: PROCEEDS OF CRIME – application for payment order – where defendant received cash payments from undercover operative in return for supply drugs – payments received for the benefit of defendant and co-offender – Commission's entitlement under the legislation to recover whole amount from one offender

CONFISCATION OF ASSETS – application for forfeiture of tainted property – where defendant owned house from which drugs manufactured – Commission seeking forfeiture of whole of proceeds of mortgagee sale in addition to payment order for proceeds of offences – consideration of likely hardship to defendant upon release on parole – need for coherence in the law – risk of tension between deliberate hardship of confiscation legislation and rehabilitation of offenders Legislation Cited: Uniform Civil Procedure Rules 2005 Confiscation of Proceeds of Crime Act 1989, s 13(2)(a), s 18 Criminal Assets Recovery Act 1990, s 27(2) Cases Cited: R v Wealand [2002] NSWCCA 471 Zahrooni v R; Director of Public Prosecutions v Zahrooni [2010] NSWCCA 252 Category: Procedural and other rulings Parties: New South Wales Crime Commission (plaintiff) Geoffrey Ronald Hayward (defendant) Representation: Counsel: R Bhalla (plaintiff) Defendant appeared via AVL