New South Wales Crime Commission v Roach [2018] NSWSC 2052

New South Wales Crime Commission v Roach [2018] NSWSC 2052

The affidavit and supporting facts provided reasonable grounds for Ms Bourne's suspicion that the defendant had engaged in serious crime related activity involving proceeds of crime, and the Court accepted that suspicion; accordingly, orders under s 10A and ancillary orders under s 12 of the Criminal Assets Recovery Act 1990 (NSW) were warranted.

Jurisdiction
Australia
Judgment Date
12 September 2018
Procedural Posture
Application by Summons for Restraining Order and Ancillary Orders Under the Criminal Assets Recovery Act 1990 (nsw) / Ex Tempore Procedural Ruling
Outcome
Restraining order and ancillary orders granted.
Legal Topics
['restraining Order' 'ancillary Examination Orders' 'reasonable Suspicion' 'serious Crime Related Activity' 'proceeds of Crime']
['criminal Assets Recovery' 'criminal Law' 'civil Procedure'] ['restraining Order' 'ancillary Examination Orders' 'reasonable Suspicion' 'serious Crime Related Activity' 'proceeds of Crime']

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Procedural Posture

Application by Summons for Restraining Order and Ancillary Orders Under the Criminal Assets Recovery Act 1990 (nsw) / Ex Tempore Procedural Ruling

Legal Issues

  1. 1 ['Whether the Commission had established reasonable grounds for suspicion that Adrian Peter Ronald Roach had engaged in serious crime related activity.' 'Whether restraining and ancillary orders should be made under the Criminal Assets Recovery Act 1990 (NSW).']

Ratio Decidendi

The affidavit and supporting facts provided reasonable grounds for Ms Bourne's suspicion that the defendant had engaged in serious crime related activity involving proceeds of crime, and the Court accepted that suspicion; accordingly, orders under s 10A and ancillary orders under s 12 of the Criminal Assets Recovery Act 1990 (NSW) were warranted.

Court Disposition

Restraining order and ancillary orders granted.

Orders

  • ['Pursuant to s 10A of the Criminal Assets Recovery Act 1990 (NSW) 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 or attempt to otherwise deal with any interest in property of Adrian Peter...