New South Wales Crime Commission v Hindmarch [2019] NSWSC 1801

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Hindmarch [2019] NSWSC 1801 Hearing dates: 10 December 2019 Date of orders: 20 December 2019 Decision date: 20 December 2019 Jurisdiction: Common Law Before: Davies J Decision: (1) The defendant is ordered to pay to the Treasurer the amount of $390,136.93 by way of a proceeds assessment order under ss 27 and 28(3) of the Criminal Assets Recovery Act 1990 (NSW).

(2) I order that the NSW Trustee and Guardian is to take control of the property described as Lot 22 of Section 24 in Deposited Plan 979187 known as 34 Ninth Street, Weston, New South Wales and registered in the name of Sean Robert Hindmarch.

(3) The defendant is to pay the plaintiff's costs of the proceedings. Catchwords: CONFISCATION - application for proceeds assessment order under Criminal Assets Recovery Act 1990 (NSW)– defendant failed to appear – where the defendant had engaged in serious crime related activity not more than six years prior to the filing of the summons – assessment of order - evidence of defendant's expenditure over six-year period – defendant to pay the Treasurer the amount assessed to be owing by way of proceeds – NSW Trustee and Guardian to take control of defendant's property Legislation Cited: Crime Commission Act 2012 (NSW) s 29 Criminal Assets Recovery Act 1990 (NSW) ss 4, 6, 10A, 10B, 27, 28, 30, 31 Drug Misuse and Trafficking Act 1985 (NSW) ss 25, 25A Cases Cited: New South Wales Crime Commission v Vu [2012] NSWSC 129; (2012) 221 A Crim R 445 Texts Cited: Nil Category: Principal judgment Parties: New South Wales Crime Commission (Plaintiff) Sean Robert Hindmarch (Defendant) Representation: Counsel: T Glover (Plaintiff) No appearance (Defendant)