New South Wales Crime Commission v Sassine [2019] NSWSC 748

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Sassine [2019] NSWSC 748 Hearing dates: 14 June 2019 Date of orders: 14 June 2019 Decision date: 14 June 2019 Jurisdiction: Common Law Before: Lonergan J Decision: Orders sought made Catchwords: CRIMINAL LAW - procedure - restraining orders sought - ex-parte - orders made Legislation Cited: Crimes Act 1900 (NSW) Criminal Assets Recovery Act 1990 (NSW) Category: Procedural and other rulings Parties: New South Wales Crime Commission (Plaintiff) Raymond Sassine (Defendant) Representation: Solicitors: New South Wales Crime Commission (Plaintiff) File Number(s): 2019/184753 Publication restriction: Nil

EX TEMPORE Judgment 1. HER HONOUR: The plaintiff, the New South Wales Crime Commission, seeks a restraining order pursuant to s 10A of the Criminal Assets Recovery Act 1990 (NSW). The plaintiff also seeks ancillary orders associated with the restraining order. I am prepared to make the orders sought by the Commission and these are my reasons for those orders. 2. Section 10A(1) provides that the Commission may make an application ex-parte, that is without notice to, and in the absence of, the opposing party for a restraining order. Section 10A(4) confers a discretion on the Court to require the Commission to give notice of the application to a person who the Court has reason to believe has a sufficient interest in the application. 3. The evidence placed before me by the Commission persuades me that it was neither necessary nor appropriate to require the Commission to give notice of the application to the defendant or any other person. In particular, I have had regard to the nature of the criminal activity in which the defendant has allegedly been involved. Section 10A(5) of the Act is highly prescriptive as to the determination of applications for restraining orders. This section provides that the Court must make a restraining order if the application is supported by an affidavit of an authorised officer stating certain matters. 4. The first is that the authorised officer suspects that the person whose interest is the subject of the application has engaged in serious crime-related activity. 5. The present application is supported by two affidavits of Katie Elaine Bourne, an authorised officer within the meaning of the Act who has stated her suspicion to that effect. The second requirement is that the affidavit must state the grounds upon which the suspicion is based. 6. The defendant to the present application has been charged with knowingly deal with proceeds of crime pursuant to s 193B(2) of the Crimes Act 1900 (NSW), of the value of $100,000 or more pursuant to s 193C(1) of the Crimes Act, and participate in criminal group, contribute to criminal activity pursuant to s 193C(1) of the Crimes Act. 7. The police have provided in the facts sheet appended to Ms Bourne's 12 June 2019 affidavit an outline of the activity of a particular criminal syndicate which has been under observation in respect of providing half gram bags of cocaine. Investigation has revealed certain things set out in the affidavit of Ms Bourne of 12 June and the further affidavit of Ms Bourne dated 13 June which provide, in my view, reasonable grounds for the suspicion held by her in respect of the origin of the property the subject of the application and the grounds of her suspicion. 8. The final requirement is that having regard to the matters contained in the affidavits of Ms Bourne, the Court considers that there are reasonable grounds for the suspicion held by that officer. 9. I have considered the contents of the facts sheet and the further affidavit, and the information referred to in it provided by an officer associated with the investigation. I am satisfied that there are reasonable grounds for the suspicion deposed to by Ms Bourne. 10. For those reasons, I make the orders sought by the Crime Commission.