New South Wales Crime Commission v Hindmarch

The dispute between the New South Wales Crime Commission and the defendant, Hindmarch, pertains to an application for a proceeds assessment order under the Criminal Assets Recovery Act 1990 (NSW). Hindmarch did not appear in court, leading to a determination of the case on an ex parte basis. The core issue before the court was whether the Commission had substantiated its claim that the defendant was involved in serious criminal activity and whether the proceeds from such activities were held by him.

The legal issues involved included the interpretation of the Criminal Assets Recovery Act and the relevant provisions regarding the defendant's absence and the admissibility of evidence concerning his expenditure over a six-year period. The court had to determine if the evidence presented was sufficient to justify the assessment of an order against Hindmarch, as well as to establish the amount of proceeds owed. Given the defendant's failure to appear, the court considered whether the absence warranted a lesser standard of proof than would typically apply in a contested case.

The court concluded that the evidence provided by the Commission was sufficient to support an order under the Act. The defendant's prior involvement in serious criminal activity, documented within the six-year period prior to the filing of the summons, was deemed credible. The court found that the expenditure evidence presented was consistent with the proceeds from the criminal activity. Consequently, the court issued an order that Hindmarch must pay the assessed amount to the Treasurer. Additionally, the NSW Trustee and Guardian was directed to take control of the defendant's property to ensure compliance with the order.