New South Wales Crime Commission v Chie

Case

[2018] NSWSC 10

12 January 2018


Details
AGLC Case Decision Date
New South Wales Crime Commission v Chie [2018] NSWSC 10 [2018] NSWSC 10 12 January 2018

CaseChat Overview and Summary

The respondents, the New South Wales Crime Commission, sought an extension of a restraining order under the Proceeds of Crime Act 2002 (NSW). The matter was heard in the Supreme Court of New South Wales. The application was made in relation to a criminal syndicate known as the 'Fuk Chings', and the restraining order was made over a number of properties, bank accounts, and a business.

The primary issue for the court was whether the Crime Commission had demonstrated sufficient grounds to extend the restraining order under the Act. The respondents argued that the syndicate was still operating, and that the extension of the restraining order was necessary to prevent the furtherance of crime. The respondents also argued that the syndicate was in breach of the existing order by using the properties and businesses to facilitate illegal activities.

The court found that the Crime Commission had made out a case for extending the restraining order. The court found that the syndicate was continuing to operate, and that the properties and businesses were still being used to facilitate criminal activity. The court also found that the syndicate was in breach of the existing order. The court found that the respondents had made out a sufficient case for the extension of the restraining order, and that it was in the interests of justice to do so. The court extended the order for a period of six months.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Proceeds of Crime

  • Restraining Orders

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

5