New South Wales Crime Commission v Jaafar

[2020] NSWSC 1522

Supreme Court

New South Wales

Medium Neutral Citation:

New South Wales Crime Commission v Jaafar [2020] NSWSC 1522

Hearing dates:

10 June 2020

Date of orders:

10 June 2020

Decision date:

10 June 2020

Jurisdiction:

Common Law

Before:

Walton J

Decision:

On 10 June 2020, the Court announced the following order: that on the evidence before the Court, the Commission has established that orders should be made under ss 10A and 10B, and ancillary orders be made under 12 of the Act. Orders were made accordingly.

Catchwords:

CRIMINAL PROCEDURE – Criminal Assets Recovery Act 1990 (NSW) – restraining order – ex parte – orders made

Legislation Cited:

Criminal Assets Recovery Act 1990 (NSW)

Drug Misuse and Trafficking Act 1985 (NSW)

Category:

Principal judgment

Parties:

New South Wales Crime Commission (Plaintiff)
Hussein Jaafar (Defendant)

Representation:

Solicitors:
New South Wales Crime Commission (Plaintiff)

File Number(s):

2020/172090

REASONS FOR DECISION

1. The summons before the Court seeks that the Court partially deals with an application under the Criminal Assets Recovery Act 1990 (NSW) (“the Act”) and that the proceedings come before the Court instanter.

2. The application is an application pursuant to s 10A of that Act whereby the NSW Crime Commission applies for a restraining order in respect of all interests in property of Hussein Jaafar.

3. Having regard to the contents of the affidavit of Ms Katie Elaine Bourne sworn 2 June 2020, I consider that this is an appropriate matter to be heard and determined ex parte.

4. The affidavit of Ms Bourne establishes that she is an authorised officer for the purposes of the Act and that she holds suspicions that Mr Jaafar has engaged in a serious crime related activity, namely, supply prohibited drug (cannabis) not less than commercial quantity contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW) (“the DMT Act”), being an offence falling within in the definition of “serious criminal offence” pursuant to s 6(2)(b) of the Act.

5. In my view, having regard to the contents of the affidavit of Ms Bourne and the police facts sheet, there are reasonable grounds for Ms Bourne's suspicion that Mr Jaafar has engaged in serious crime-related activity.

6. By s 10B(2) of the Act, the Court may, when making a restraining order, if it considers that the circumstances so require, order the NSW Trustee and Guardian to take control of some or all of the interests in property that are interests to which the restraining order applies. Ms Bourne deposed that the circumstances so require and supported this belief with regard to the evidence deposed in her affidavit, which set out the circumstances in which the aforementioned seized cash was seized by members of the police. She also noted, the seized cash is presently being held by the police.

7. On the evidence before the Court, the Commission has established that a restraining order should be made under ss 10A and 10B, and ancillary orders be made under s 12 of the Act.

8. On 10 June 2020, the Court announced the following order: that on the evidence before the Court, the Commission has established that orders should be made under ss 10A and 10B, and ancillary orders be made under 12 of the Act. Orders were made accordingly.

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Decision last updated: 30 October 2020