R v McKellar (No 3) [2014] NSWSC 106

R v McKellar (No 3) [2014] NSWSC 106

There is no evidence that the cash found on the accused was derived from a particular offence as required by s 193B and s 193F of the Crimes Act 1900 (NSW) (as construed in accordance with Chen v Director of Public Prosecutions (Cth)); accordingly, the accused must be found not guilty by direction on count three and its alternative.

Parties
Crown: Regina; Defendant: Shane Thomas McKellar
Jurisdiction
Australia
Judgment Date
18 February 2014
Procedural Posture
Criminal / Special Hearing, Application for Directed Verdict on Count Three and Alternative Count
Outcome
Not guilty verdict by direction on count three and alternative count attaching to it
Legal Topics
Proceeds of Crime, Directed Verdict, Statutory Construction, Particular Offence Requirement
Criminal Law Proceeds of Crime Directed Verdict Statutory Construction Particular Offence Requirement

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Parties

Regina

Crown

Shane Thomas McKellar

Defendant

Procedural Posture

Criminal / Special Hearing, Application for Directed Verdict on Count Three and Alternative Count

Legal Issues

  1. 1 Whether the Crown must prove the proceeds of crime were derived from a particular offence under s 193B and s 193F of the Crimes Act 1900 (NSW)
  2. 2 Whether there is evidence addressing all elements of the offences charged

Ratio Decidendi

There is no evidence that the cash found on the accused was derived from a particular offence as required by s 193B and s 193F of the Crimes Act 1900 (NSW) (as construed in accordance with Chen v Director of Public Prosecutions (Cth)); accordingly, the accused must be found not guilty by direction on count three and its alternative.

Court Disposition

Not guilty verdict by direction on count three and alternative count attaching to it

Orders

  • Verdict of not guilty by direction with regard to count three
  • Verdict of not guilty by direction with regard to the alternative count attaching to count three