New South Wales Crime Commission v Crosby

[2019] NSWSC 746

Supreme Court

New South Wales

Medium Neutral Citation:	New South Wales Crime Commission v Crosby [2019] NSWSC 746
Hearing dates:	13 June 2019
Date of orders:	13 June 2019
Decision date:	13 June 2019
Jurisdiction:	Common Law
Before:	Lonergan J
Decision:	Orders sought made.
Catchwords:	CRIMINAL LAW - procedure - restraining orders sought - ex-parte - orders made
Legislation Cited:	Criminal Assets Recovery Act 1990 (NSW) Drug Misuse and Trafficking Act 1985 (NSW)
Category:	Procedural and other rulings
Parties:	New South Wales Crime Commission (Plaintiff) Clint Kai Crosby (Defendant)
Representation:	Solicitors: New South Wales Crime Commission (Plaintiff)
File Number(s):	2019/183628
Publication restriction:	Nil

EX TEMPORE Judgment

1. HER HONOUR: The plaintiff, the New South Wales Crime Commission seeks a restraining order pursuant to s 10A of the Criminal Assets Recovery Act 1990 (NSW) as well as ancillary orders associated with that restraining order. I am prepared to make the orders sought by the Crime Commission and these are my reasons for making those orders.

2. Section 10A(1) provides that the Commission may make an application ex parte, that is without notice to, and in the absence of, the opposing party for a restraining order. Section 10A(4) confers a discretion on the Court to require the Commission to give notice of the application to a person who the Court has reason to believe has a sufficient interest in the application.

3. The evidence placed before me by the Commission persuades me that it was neither necessary nor appropriate to require the Commission to give notice of the application to the defendant or to any other person. In particular I have had regard to the nature of the criminal activity for which the defendant has been charged and the risk of dissipation or disposal of assets sought to be restrained if notice is given or published.

4. Section 10A(5) of the Act is highly proscriptive as to the determination for applications for restraining orders. This section provides that the Court must make a restraining order if the application is supported by an affidavit of an authorised officer stating certain matters.

5. The first is that the authorised officer suspects that the person whose interest is the subject of the application has engaged in serious crime related activity. The present application is supported by an affidavit of Katie Elaine Bourne, an authorised officer within the meaning of the Act, who has stated her suspicions to that effect.

6. The second requirement is that the affidavit must state the ground on which the suspicion is based.

7. The defendant to the present application has been arrested and charged with various offence under the Drug Misuse and Trafficking Act1985 (NSW) as well as deal with property proceeds of crime and various firearms and ammunition offences. He was arrested on 16 May 2019 in respect of this offending, the evidence of which became available to the police after execution of a search warrant at his home. This information is set out in the facts sheet attached to the affidavit of Katie Elaine Bourne.

8. It appears to me that the police facts forms a strong basis upon which Ms Bourne formed the relevant suspicion and that, together with the email of a police officer Stephen Quinn directed to Ms Bourne dated 23 May 2019, provides a further basis for Ms Bourne holding the suspicion she does.

9. The final requirement is having regard to the matters contained in the affidavit of the authorised officer, the Court considers that there are reasonable grounds for the suspicion held by that officer.

10. In my view, considering the police facts, the further email I have referred to and the outline of the circumstances in which the drugs, cash and firearms were found I have no doubt that there is a proper basis and reasonable grounds for the suspicion and I am so satisfied. For those reasons I make the orders sought by the Crime Commission.

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Decision last updated: 19 June 2019