NSW Crime Commission v Sarikaya [2010] NSWSC 692

NSW Crime Commission v Sarikaya [2010] NSWSC 692

The authorised officer's suspicion regarding the defendant's alleged engagement in serious crime related activity was held on reasonable grounds, as evidenced by objective material including invoices and correspondence, and the officer's belief in the truth and reliability of the Facts Sheet. The withdrawal of previous charges and alleged non-disclosure did not undermine the reasonableness of the grounds upon which the suspicion was formed.

Parties
Plaintiff: NSW Crime Commission; Defendant: Ali Davut Sarikaya
Jurisdiction
Australia
Judgment Date
05 July 2010
Procedural Posture
Application for Restraining Order Under Criminal Assets Recovery Act / Hearing on Application and Review, Final Judgment
Outcome
Plaintiff's application granted; Defendant's application for review not dealt with; Previous orders set aside; New restraining orders made.
Legal Topics
Confiscation of Proceeds of Crime, Restraining or Freezing Orders, Reasonable Grounds for Suspicion, Review of Restraining Orders
Criminal Law Civil Procedure Confiscation of Proceeds of Crime Restraining or Freezing Orders Reasonable Grounds for Suspicion Review of Restraining Orders

Case Brief

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Parties

NSW Crime Commission

Plaintiff

Ali Davut Sarikaya

Defendant

Procedural Posture

Application for Restraining Order Under Criminal Assets Recovery Act / Hearing on Application and Review, Final Judgment

Legal Issues

  1. 1 Whether the authorised officer's suspicion was held on reasonable grounds under s 10A Criminal Assets Recovery Act 1990
  2. 2 Whether the withdrawal of prior criminal charges undermines grounds for suspicion
  3. 3 Correct test for reasonable grounds for suspicion

Ratio Decidendi

The authorised officer's suspicion regarding the defendant's alleged engagement in serious crime related activity was held on reasonable grounds, as evidenced by objective material including invoices and correspondence, and the officer's belief in the truth and reliability of the Facts Sheet. The withdrawal of previous charges and alleged non-disclosure did not undermine the reasonableness of the grounds upon which the suspicion was formed.

Court Disposition

Plaintiff's application granted; Defendant's application for review not dealt with; Previous orders set aside; New restraining orders made.

Orders

  • The orders of Hislop J made 10 December 2009 are set aside.
  • Upon the Plaintiff giving the usual undertaking as to damages and having regard to the affidavits, orders are made in terms of paragraphs 1 to 6 in the Notice of Motion filed 27 April 2010.