New South Wales Crime Commission v Hitchen

The New South Wales Crime Commission sought substituted serious crime use property declarations and forfeiture orders under the Criminal Assets Recovery Act 1990 (NSW) in relation to a property that had been sold and the net proceeds of its sale. The property had originally been used to conceal a large commercial quantity of methylamphetamine for the purposes of supply. The defendants argued that the original property was not “used in, or in connection with” the serious crime related activity of the manufacture and supply of a large commercial quantity of a prohibited drug. The court was required to determine whether the original property was used in, or in connection with the serious crime related activity of manufacturing and supplying a large commercial quantity of a prohibited drug contrary to sections 24 and 25 of the Drug Misuse and Trafficking Act 1985 (NSW).
The court held that the original property was used in, or in connection with the serious crime related activity of manufacturing and supplying a large commercial quantity of a prohibited drug contrary to sections 24 and 25 of the Drug Misuse and Trafficking Act 1985 (NSW). The court found that the meaning of "used in, or in connection with" was to be given its ordinary and natural meaning, and that the original property was used in, or in connection with the serious crime related activity of manufacturing and supplying a large commercial quantity of a prohibited drug. The court found that the original property was used to conceal a large commercial quantity of methylamphetamine for the purposes of supply, which was a serious crime related activity under the Criminal Assets Recovery Act 1990 (NSW). The court also found that the original property was used in, or in connection with the manufacture of methylamphetamine by refinement, which was also a serious crime related activity under the Criminal Assets Recovery Act 1990 (NSW).
The court made substituted serious crime use property declarations in respect of the net proceeds of the sale of the original property and made forfeiture orders in respect of the net proceeds of the sale of the original property. The court held that the net proceeds of the sale of the original property were available for forfeiture under the Criminal Assets Recovery Act 1990 (NSW). The court ordered that the net proceeds of the sale of the original property be forfeited to the State of New South Wales.