New South Wales Crime Commission v Jolley
[2018] NSWSC 2029
•09 November 2018
Supreme Court
New South Wales
Medium Neutral Citation: New South Wales Crime Commission v Jolley [2018] NSWSC 2029 Hearing dates: 9 November 2018 Date of orders: 09 November 2018 Decision date: 09 November 2018 Jurisdiction: Common Law Before: Walton J Decision: In all the circumstances, I make the orders proposed as filed in court today.
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)
Bennett John Jolley (Defendant)Representation: Solicitors:
New South Wales Crime Commission (Plaintiff)
File Number(s): 2018/347346
extempore Judgment
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HIS HONOUR: 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 and ex parte.
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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 Bennett John Jolley.
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Having regard to the contents of the affidavit of Ms Katie Elaine Bourne, I consider that this is an appropriate matter to be heard and determined ex parte.
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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 Jolley has engaged in a serious crime-related activity, namely, first, manufacture or produce prohibited drug not less than large commercial quantity contrary to s 24(2) of the Drug Misuse and Trafficking Act 1985 (NSW) (“the DMT Act”); secondly, supply prohibited drug not less than large commercial quantity contrary to s 25 of the DMT Act; and, thirdly, possess drug manufacture apparatus to produce prohibited drug contrary to s 24A(1)(b) of the DMT Act.
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Ms Bourne gives grounds for her suspicions. The facts and circumstances upon which she relies are set out in that affidavit. She has had regard in that respect and accepts a police facts statement that describes the suspected serious criminal activity with respect to which Ms Bourne suspects that Mr Jolley has been engaged.
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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 Jolley has engaged in serious crime-related activity.
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I note further that the Commission by its summons is also seeking in respect to Mr Jolley an assets forfeiture order pursuant to s 22 of the Act and an unexplained wealth order pursuant to s 28A. The facts and circumstances underpinning those respective orders, which I accept, are set out in para 6 of the facts statement.
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In all the circumstances, I make the orders proposed as filed in court today.
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I have executed the order under seal and I provide a copy of the sealed order to the Commission.
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Decision last updated: 28 February 2019
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