NSW Crime Commission v Antonio Greco [2005] NSWSC 1227

NSW Crime Commission v Antonio Greco [2005] NSWSC 1227

The Court was satisfied on the balance of probabilities that Antonio Greco engaged in serious crime-related activity, specifically aiding or being concerned in the unlawful cultivation of an indictable quantity of cannabis, and that the proceeds derived from those activities in the assessed sum should be recovered.

Jurisdiction
Australia
Judgment Date
06 September 2005
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's application granted; proceeds assessment order made; costs ordered against first defendant/respondent; restraining order varied.
Legal Topics
['proceeds Assessment Order' 'restraining Order' 'drug Trafficking' 'variation of Restraining Order']
['criminal Law' 'proceeds of Crime'] ['proceeds Assessment Order' 'restraining Order' 'drug Trafficking' 'variation of Restraining Order']

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Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 ['Whether Antonio Greco engaged in serious crime-related activity within six years before the application for the assessment order' 'Whether the value of proceeds derived from illegal activities can be assessed for the purposes of a proceeds assessment order' 'Whether the restraining order over property assets should be varied']

Ratio Decidendi

The Court was satisfied on the balance of probabilities that Antonio Greco engaged in serious crime-related activity, specifically aiding or being concerned in the unlawful cultivation of an indictable quantity of cannabis, and that the proceeds derived from those activities in the assessed sum should be recovered.

Court Disposition

Plaintiff's application granted; proceeds assessment order made; costs ordered against first defendant/respondent; restraining order varied.

Orders

  • ['Pursuant to s 27 of the Criminal Assets Recovery Act, Antonio Greco (first defendant/respondent) to pay to the Treasury the amount of $407,084 as the value of proceeds from illegal activities not more than six years before the assessment application.' "First defendant/respondent to pay the plaintiff's costs of...