Cini v The Commissioner of the Australian Federal Police

In the case of Cini v The Commissioner of the Australian Federal Police, the appellant challenged the decision of the Federal Circuit and Family Court to grant a forfeiture order over a residential property. The Commissioner sought the order under the Proceeds of Crime Act 2002 (Cth), contending that the property was an instrument of an offence, being drug importation and storage, and therefore subject to forfeiture. The appellant argued that the property was not an instrument of an offence and thus not subject to forfeiture.

The legal issues before the court were whether the trial judge was correct in finding that the property was an instrument of an offence and whether the property was used in or in connection with the commission of an offence. The court considered whether the drug importation and storage offences were ongoing at the time of the forfeiture application, and if the property was used in or in connection with those offences. The court also considered whether the trial judge erred in concluding that the property was an instrument of an offence.

The court held that the trial judge did not err in finding that the property was an instrument of an offence. The court found that the drug importation and storage offences were ongoing at the time of the forfeiture application, and the property was used in or in connection with those offences. The court also held that the trial judge did not err in concluding that the property was an instrument of an offence. The court noted that the appellant's argument that the offences had ceased was not supported by the evidence. The court rejected the appeal and refused leave to appeal to the High Court.

The court's final orders were that the appeal be dismissed and that the application for leave to appeal be refused. The forfeiture order over the residential property was upheld.