Shields & Ors v New South Wales Crime Commission [2007] NSWCA 309

Shields & Ors v New South Wales Crime Commission [2007] NSWCA 309

The evidence and statutory scheme permitted a finding that Ollis' conduct amounted to larceny and serious crime related activity, and the subsequent transfer of funds to claimants established reasonable grounds for suspicion that their property was serious crime derived property. Orders restraining interests in property acquired using funds sourced from Ollis were sufficiently specific under the Act.

Jurisdiction
Australia
Judgment Date
02 November 2007
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
['restraining Orders' 'serious Crime Derived Property' 'larceny' 'application of Criminal Assets Recovery Act 1990 (nsw)' 'statutory Interpretation' 'reasonable Suspicion']
['criminal Law' 'property Law'] ['restraining Orders' 'serious Crime Derived Property' 'larceny' 'application of Criminal Assets Recovery Act 1990 (nsw)' 'statutory Interpretation' 'reasonable Suspicion']

Case Brief

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Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 ['Whether the property restrained was serious crime derived property under Criminal Assets Recovery Act 1990 (NSW)' "Whether there were reasonable grounds for suspicion that claimants' property was serious crime derived property" 'Whether restraining orders were sufficiently specific to comply with s 10 of the Act']

Ratio Decidendi

The evidence and statutory scheme permitted a finding that Ollis' conduct amounted to larceny and serious crime related activity, and the subsequent transfer of funds to claimants established reasonable grounds for suspicion that their property was serious crime derived property. Orders restraining interests in property acquired using funds sourced from Ollis were sufficiently specific under the Act.

Court Disposition

Appeal dismissed

Orders

  • ['Extend the time in which to file the Summons for Leave to Appeal to 16 June 2006' 'Grant leave to appeal' 'Appeal dismissed' "Claimants to pay the opponent's costs of the Summons for Leave to Appeal and the appeal"]