1 Dec 2023
SLESSOR v COMMISSIONER OF POLICE [2023] NZCA 612
- Citation
- [2023] NZCA 612
- Court
- Court of Appeal
The illegality principle did not bar forfeiture because (1) police misconduct was modest and not in bad faith and retention was overlooked, (2) the cash was derived from supply/manufacture of methamphetamine so appellant had no legitimate moral claim, (3) forbearing forfeiture would be disproportionate and contrary to the Act's statutory purpose of depriving criminals of unlawful benefits, and (4) the proposed fresh evidence lacked credibility and was refused; accordingly the appeal was dismissed and forfeiture upheld.
- Illegality principle (ex turpi causa)
- Profit forfeiture
- Criminal proceeds (recovery) act 2009
- Unlawful retention of property
- Bill of rights act s21
- Proportionality in exclusionary doctrines