DPP (C'weath) v Prasetyo Edy & Ors [2000] NSWSC 50

DPP (C'weath) v Prasetyo Edy & Ors [2000] NSWSC 50

Applicant did not discharge the onus of proving she was not in any way involved in the defendant's possession of ecstasy tablets; however, evidence established that at least $40,000 of the seized cash was traceable to her settlement from her father and not the proceeds of drug trafficking. It is in the public interest to exclude $40,000 of the cash from the restraining order.

Parties
Plaintiff: Director of Public Prosecutions (Commonwealth); Defendant: Prasetyo Edy; Applicant: Miranda More
Jurisdiction
Australia
Judgment Date
18 February 2000
Procedural Posture
Application Under Proceeds of Crime Act / Judgment
Outcome
Application granted in part.
Legal Topics
Proceeds of Crime, Drug Offences, Restraining Order, Property Exclusion
Criminal Law Proceeds of Crime Drug Offences Restraining Order Property Exclusion

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Parties

Director of Public Prosecutions (Commonwealth)

Plaintiff

Prasetyo Edy

Defendant

Miranda More

Applicant

Procedural Posture

Application Under Proceeds of Crime Act / Judgment

Legal Issues

  1. 1 Whether applicant’s interest in seized cash should be excluded from restraining order under Proceeds of Crime Act 1987 (Cth) s48(3)
  2. 2 Whether applicant was involved in commission of drug offence
  3. 3 Whether public interest warrants exclusion of applicant’s interest in cash

Ratio Decidendi

Applicant did not discharge the onus of proving she was not in any way involved in the defendant's possession of ecstasy tablets; however, evidence established that at least $40,000 of the seized cash was traceable to her settlement from her father and not the proceeds of drug trafficking. It is in the public interest to exclude $40,000 of the cash from the restraining order.

Court Disposition

Application granted in part.

Orders

  • Extend time for determining application until 20 February 2000.
  • Applicant’s interest in $40,000 of the $86,175 cash seized is excluded from the restraining order made on 1 April 1999.