10 Dec 2019
Confiscation would cause undue hardship to the third party because the vehicle had been in her possession for a considerable time, she expended money to release and register it, relies on it for essential daily functions including work and childcare, and the police did not oppose the appeal; accordingly the High Court quashed the confiscation order and excused the delay in lodging the appeal.
10 Oct 2019
The confiscation order was quashed because the appellant established he had no interest in the vehicle at the time of the offence, there was no connection suggesting the purchase was not bona fide, and confiscation would cause undue hardship; the Crown accepted these facts and the Police agreed the appeal should be allowed.
5 Sept 2019
The appeal was allowed and the confiscation order set aside because Sentencing Act 2002 s 129(4)(b) prohibits making a confiscation order where an alcohol interlock order is made or available, rendering the confiscation impermissible in the circumstances.