New South Wales Crime Commission v Vu [2009] NSWCA 349

New South Wales Crime Commission v Vu [2009] NSWCA 349

Adams J erred by treating International Finance Trust Company Limited v New South Wales Crime Commission as requiring identification of the ultimate sources of all information in the police Facts Sheets. The affidavit identified a police officer involved in the investigation who helped prepare the Facts Sheets, confirmed their truth to the best of his knowledge and belief, and accepted responsibility for the basic facts. Those facts, including the discovery of cannabis plants and cultivation equipment at the respondents' house, were sufficient to induce in a reasonable person the suspicion required by s 10(3) of the Criminal Assets Recovery Act 1990. The Court therefore granted leave,...

Jurisdiction
Australia
Judgment Date
22 October 2009
Procedural Posture
Appeal From Refusal of Ex Parte Application for Restraining Order Under S 10 of the Criminal Assets Recovery Act 1990 / Application for Leave to Appeal and Appeal Heard Together in the New South Wales Court of Appeal
Outcome
Leave to appeal granted; appeal allowed; restraining orders and ancillary examination and statement orders made; indemnity certificate granted to the first and second respondents if otherwise entitled.
Legal Topics
['restraining Order Under Criminal Assets Recovery Act 1990' 'reasonable Grounds for Suspicion' 'hearsay in Interlocutory Proceedings' 'ex Parte Applications' 'appellate Review of Judgment Versus Discretion']
['criminal Law' 'proceeds of Crime' 'evidence' 'appellate Procedure'] ['restraining Order Under Criminal Assets Recovery Act 1990' 'reasonable Grounds for Suspicion' 'hearsay in Interlocutory Proceedings' 'ex Parte Applications' 'appellate Review of Judgment Versus Discretion']

Case Brief

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Procedural Posture

Appeal From Refusal of Ex Parte Application for Restraining Order Under S 10 of the Criminal Assets Recovery Act 1990 / Application for Leave to Appeal and Appeal Heard Together in the New South Wales Court of Appeal

Legal Issues

  1. 1 ['Whether the first instance determination under s 10(3) of the Criminal Assets Recovery Act 1990 should be treated on appeal as an exercise of discretion or as a judgment based on inference from facts.' "Whether the affidavit and police Facts Sheets disclosed reasonable grounds for the authorised officer's suspicion that the respondents had engaged in serious crime related activity." 'Whether s 75 of the Evidence Act 1995 required identification of the ultimate source of information contained in hearsay material relied on in an interlocutory proceeding.' 'Whether the laying of criminal charges was sufficient, by itself, to establish reasonable grounds for suspicion.']

Ratio Decidendi

Adams J erred by treating International Finance Trust Company Limited v New South Wales Crime Commission as requiring identification of the ultimate sources of all information in the police Facts Sheets. The affidavit identified a police officer involved in the investigation who helped prepare the Facts Sheets, confirmed their truth to the best of his knowledge and belief, and accepted responsibility for the basic facts. Those facts, including the discovery of cannabis plants and cultivation equipment at the respondents' house, were sufficient to induce in a reasonable person the suspicion required by s 10(3) of the Criminal Assets Recovery Act 1990. The Court therefore granted leave,...

Court Disposition

Leave to appeal granted; appeal allowed; restraining orders and ancillary examination and statement orders made; indemnity certificate granted to the first and second respondents if otherwise entitled.

Orders

  • ['Leave to appeal is granted and the appeal allowed.' 'Pursuant to s 10 of the Criminal Assets Recovery Act 1990 no person, other than any registered mortgagee dealing with its right to do so under the registered mortgage, is to dispose of, attempt to dispose of, or otherwise deal with any interest in property of...