NSW Crime Commission v Burns [2013] NSWSC 1355

NSW Crime Commission v Burns [2013] NSWSC 1355

The authorised officer's affidavit recorded the suspicions required by s 10A(5) and the annexed material provided reasonable grounds for suspecting that Beric Andrew Burns engaged in serious crime-related heroin supply activity; because of the nature of the allegations and the obvious potential for property to be moved to frustrate the application, notice was not necessary, and the material also justified the property information order.

Jurisdiction
Australia
Judgment Date
13 September 2013
Procedural Posture
Application Under S 10 a of the Criminal Assets Recovery Act 1990 for a Restraining Order in Respect of Property / Interlocutory Application; Ex Tempore Judgment
Outcome
Restraining order made.
Legal Topics
['restraining Order' 'serious Crime Related Activity' 'drug Supply Allegations' 'ex Parte Application' 'property Information Order']
['proceeds of Crime' 'criminal Assets Recovery'] ['restraining Order' 'serious Crime Related Activity' 'drug Supply Allegations' 'ex Parte Application' 'property Information Order']

Case Brief

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Procedural Posture

Application Under S 10 a of the Criminal Assets Recovery Act 1990 for a Restraining Order in Respect of Property / Interlocutory Application; Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the application was supported by an affidavit from an authorised officer recording the suspicions required by s 10A(5) of the Criminal Assets Recovery Act 1990.' 'Whether there were reasonable grounds for the suspicions that Beric Andrew Burns engaged in serious crime-related activity involving the supply of heroin contrary to s 25(2) of the Drug Misuse and Trafficking Act 1995.' 'Whether notice to Beric Andrew Burns was necessary.' 'Whether an order should be made under s 12(1)(c)(i) requiring Beric Andrew Burns to provide particulars of his property and dealings with that property.']

Ratio Decidendi

The authorised officer's affidavit recorded the suspicions required by s 10A(5) and the annexed material provided reasonable grounds for suspecting that Beric Andrew Burns engaged in serious crime-related heroin supply activity; because of the nature of the allegations and the obvious potential for property to be moved to frustrate the application, notice was not necessary, and the material also justified the property information order.

Court Disposition

Restraining order made.

Orders

  • ["The Court noted the Commission's usual undertaking as to damages in support of proposed orders 1 and 4." 'Orders 1 and 4 made.' 'Orders 2, 3, 5 and 6 made.' "Order 7 made with the substitution of one day's notice for three days' notice." 'Order 8 made.' 'An order was made under s 12(1)(c)(i) requiring Beric Andrew...