R v Jumikis [2014] NSWDC 300

R v Jumikis [2014] NSWDC 300

The evidence did not satisfy the court, on the balance of probabilities, that the $19,000 cash was used in or in connection with the commission of the drug supply offence. The account given by Mr Jumikis and his witnesses, though unlikely, was found plausible and not a fabrication.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 October 2014
Procedural Posture
Criminal / Application for Forfeiture Order
Outcome
notice of motion for forfeiture order refused and dismissed
Legal Topics
['drug Supply' 'forfeiture of Property']
['criminal Law' 'proceeds of Crime'] ['drug Supply' 'forfeiture of Property']

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Procedural Posture

Criminal / Application for Forfeiture Order

Legal Issues

  1. 1 ["Was the $19,000 cash found at Mr Jumikis's premises used in or in connection with the commission of the offence of drug supply, for purposes of forfeiture under s 18 of the Confiscation of Proceeds of Crime Act 1989 (NSW)?"]

Ratio Decidendi

The evidence did not satisfy the court, on the balance of probabilities, that the $19,000 cash was used in or in connection with the commission of the drug supply offence. The account given by Mr Jumikis and his witnesses, though unlikely, was found plausible and not a fabrication.

Court Disposition

notice of motion for forfeiture order refused and dismissed

Orders

  • ['The orders sought in the notice of motion filed on 26 May 2014 are refused and the notice of motion is dismissed.']