R v Darko DELOVSKI [2014] NSWDC 17

Mr Delovski derived a benefit in connection with drug trafficking equal to the $90,000 he received, irrespective of any expenses or outgoings, and must pay a pecuniary penalty in that amount under the Confiscation of Proceeds of Crime Act 1989.

Jurisdiction: Australia
Judgment Date: 21 March 2014
Procedural Posture: Application for Pecuniary Penalty Order Under Proceeds of Crime Legislation (post Conviction) / Determination of Pecuniary Penalty After Conviction and Sentence
Outcome: Pecuniary penalty order made against respondent
Legal Topics: ['confiscation of Proceeds of Crime' 'drug Trafficking' 'meaning of Benefit' 'assessment of Pecuniary Penalty']

['criminal Law' 'proceeds of Crime'] ['confiscation of Proceeds of Crime' 'drug Trafficking' 'meaning of Benefit' 'assessment of Pecuniary Penalty']

Case Brief

Summary, issues, holding and outcome

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

Procedural Posture

Application for Pecuniary Penalty Order Under Proceeds of Crime Legislation (post Conviction) / Determination of Pecuniary Penalty After Conviction and Sentence

Legal Issues

1 ['Whether the respondent derived a benefit in connection with drug trafficking' 'How to assess the value of the benefit derived by the respondent']

Ratio Decidendi

Court Disposition

Pecuniary penalty order made against respondent

Orders

['The value of the benefits derived by the respondent in connection with drug trafficking is assessed to be $90,000.' 'The respondent is ordered to pay a pecuniary penalty to the State of $90,000.']