New South Wales Crime Commission v Chamon

[2018] NSWSC 1722

Supreme Court

New South Wales

Medium Neutral Citation:	New South Wales Crime Commission v Chamon [2018] NSWSC 1722
Hearing dates:	07 August 2018
Date of orders:	07 August 2018
Decision date:	07 August 2018
Jurisdiction:	Common Law
Before:	Rothman J
Decision:	The Court makes orders in accordance with the Consent Orders initialled, signed and sealed on 7 August 2018.
Catchwords:	CRIMINAL ASSETS – serious criminal offence suspected – defendant charged with supply of prohibited drugs and dealing with proceeds of crime – suspicion of authorised officer reasonably based – defendant charged with index offence – interim restraining order under s 10A of the Criminal Assets Recovery Act 1990 and ancillary orders sought and granted.
Legislation Cited:	Crimes Act 1900, ss 93T, 193B Criminal Assets Recovery Act 1990, ss 10A, 10B, 12, 22, 28A Drugs Misuse and Trafficking Act 1985, s 25
Category:	Consequential orders (other than Costs)
Parties:	New South Wales Crime Commission (Plaintiff) Florian Julian Henry Chamon (Defendant)
Representation:	Solicitors: New South Wales Crime Commission (Plaintiff) Ex parte (Defendant)
File Number(s):	2018/242999

Ex TEMPORE Judgment

1. HIS HONOUR: Before the Court is an application by the New South Wales Crime Commission (“the Commission”) for orders under the Criminal Assets Recovery Act 1990, ("the Act"). Pursuant to s 10A of that Act, the Commission applies for a restraining order in respect of all of the interests in property of the named defendant, Florian Julian Henry Chamon.

2. For the purposes of the application, the Commission relies upon the affidavit of Katie Elaine Bourne sworn 3 August 2018. That affidavit establishes that Ms Bourne is an authorised officer for the purposes of the Act, and that she suspects Chamon of having engaged in serious crime-related activity, namely supplying prohibited drugs contrary to s 25(2) of the Drugs Misuse and Trafficking Act 1985; supplying other drugs contrary to s 25(1) of the Drugs Misuse and Trafficking Act; dealing with the proceeds of crime contrary to s 193B of the Crimes Act 1900; knowingly directing the activities of a criminal group contrary to s 93T of the Crimes Act; and participating in a criminal group contrary to s 93T of the Crimes Act. The last mentioned offence or allegation seems to be an alternative to the offence mentioned penultimately.

3. The drugs that were supplied were 3, 4 methylenedioxymethamphetamine and ketamine. Each relates to a different charge. I have read the police facts and summary. Much of the evidence is by way of lawfully obtained surveillance devices and they inculpate the defendant, Mr Chamon, over a significant period of time, both in the supply of the said drugs and in the dealing with money obtained from the drug supply.

4. The affidavit of Ms Bourne gives the grounds for her suspicion, which includes the police facts of which I have just made mention. The facts and circumstances on which the Commission relies in its application is the suspicion of Ms Bourne about Mr Chamon having engaged in serious crime-related activity, namely the offences earlier mentioned.

5. Ms Bourne has been provided with and accepts a police facts sheet which the Court has read, that describes a suspected serious criminal activity. Ms Bourne then provides a summary of the evidence from the listening devices and/or surveillance devices. Ms Bourne has also ascertained that Chamon has been charged with the offences and that there are reasonable grounds for Ms Bourne's suspicion that Chamon has engaged in serious crime-related activity, namely the offences earlier mentioned.

6. The Commission, by its Summons is also seeking in respect of Chamon an assets forfeiture order pursuant to s 22 of the Act and an unexplained wealth order pursuant to s 28A of the Act but that is not a matter that is currently before the Court or sought in these orders. It is unnecessary to recite the facts and circumstances upon which the Commission relies for the making of the s 22 or the s 28A order in that respect.

7. For the reasons provided, and on the basis of the affidavit of Katie Elaine Bourne sworn 3 August 2018, I consider that the requirements of the Act have been met and I make orders under s 10A in relation to a restraining order, orders under s 12(1)(b)(i) of the Act that Mr Chamon be examined on oath before a Registrar. I grant leave to obtain dates from the Registrar. I order that under s 10B of the Act that the assets come under the control of the New South Wales Trustee and Guardian, and pursuant to s 12(1)(c)(i) of the Act that Mr Chamon furnish the Commission within 21 days of service of these sealed orders, a statement verified on oath, setting out the particulars sought in Schedule 2 which is, essentially, particulars of the nature and extent of his interests in property.

8. For the reasons already set out, I grant the orders provided to the Court today and sign and date said orders.

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Decision last updated: 12 November 2018