COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS v. WEBB & ANOR [1999] NSWSC 405

COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS v. WEBB & ANOR [1999] NSWSC 405

Following Della Patrona, conviction for the purposes of the Proceeds of Crime Act occurs upon a formal act by the judge signifying acceptance of guilt, not necessarily at sentence; thus, the property is forfeit and the applicants' extension application fails.

Parties
Plaintiff: Commonwealth Director of Public Prosecutions; First Defendant: Frank Robert Webb; Second Defendant: Anor
Jurisdiction
Australia
Judgment Date
29 April 1999
Procedural Posture
Criminal Forfeiture Application / Judgment on Application for Extension of Waiting Period Under Proceeds of Crime Act
Outcome
application refused; property forfeit to Commonwealth
Legal Topics
Proceeds of Crime, Forfeiture After Conviction, Definition of Conviction
Criminal Law Proceeds of Crime Forfeiture After Conviction Definition of Conviction

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Parties

Commonwealth Director of Public Prosecutions

Plaintiff

Frank Robert Webb

First Defendant

Anor

Second Defendant

Procedural Posture

Criminal Forfeiture Application / Judgment on Application for Extension of Waiting Period Under Proceeds of Crime Act

Legal Issues

  1. 1 When did conviction occur for purposes of forfeiture under the Proceeds of Crime Act 1987 (Cth)?
  2. 2 Whether the Court of Appeal decision in Della Patrona v. Director of Public Prosecutions (Commonwealth) No 2 is distinguishable

Ratio Decidendi

Following Della Patrona, conviction for the purposes of the Proceeds of Crime Act occurs upon a formal act by the judge signifying acceptance of guilt, not necessarily at sentence; thus, the property is forfeit and the applicants' extension application fails.

Court Disposition

application refused; property forfeit to Commonwealth

Orders

  • Counsel to bring in minutes as to the form of appropriate orders
  • All possible steps to facilitate expedited appeal if required