Director of Public Prosecutions (Cth) v Studman [2008] NSWSC 250

The court is required to order the defendant to pay a pecuniary penalty under s 116 of the Proceeds of Crime Act 2002 (Cth) as the defendant was convicted of indictable offences and derived a benefit. There was no basis for reduction, as property forfeited was not proven to be proceeds of the offences and no other statutory reductions applied.

Jurisdiction: Australia
Judgment Date: 28 March 2008
Procedural Posture: Civil Penalty Application / Judgment on Pecuniary Penalty Order
Outcome: Pecuniary penalty order made against defendant in the amount of $381,749.95.
Legal Topics: ['pecuniary Penalty Orders' 'benefits Derived From Crime' 'reductions in Pecuniary Penalty' 'mandatory Nature of Orders']

['criminal Law' 'proceeds of Crime'] ['pecuniary Penalty Orders' 'benefits Derived From Crime' 'reductions in Pecuniary Penalty' 'mandatory Nature of Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Civil Penalty Application / Judgment on Pecuniary Penalty Order

Legal Issues

1 ['Whether a pecuniary penalty order should be made pursuant to s 116 of the Proceeds of Crime Act 2002 (Cth)' 'Whether the penalty amount should be reduced for property already forfeited, tax paid, or loss of superannuation entitlements']

Ratio Decidendi

Court Disposition

Pecuniary penalty order made against defendant in the amount of $381,749.95.

Orders

['The defendant to pay the Commonwealth a pecuniary penalty assessed at $381,749.95 pursuant to s 116 of the Proceeds of Crime Act 2002 (Cth).']