New South Wales Crime Commission v Millevoi

Case

[2019] NSWSC 231

08 March 2019


Details
AGLC Case Decision Date
New South Wales Crime Commission v Millevoi [2019] NSWSC 231 [2019] NSWSC 231 08 March 2019

CaseChat Overview and Summary

In the matter of New South Wales Crime Commission v Millevoi, the dispute was before the Supreme Court of New South Wales. The New South Wales Crime Commission sought to obtain restraining orders against Millevoi under the Crimes (Serious Crime Control) Act 2006 (NSW) in relation to activities that the Commission believed were associated with criminal organisations. The orders sought were made on an ex parte basis, without notice to Millevoi.

The central legal issue before the court was whether the Commission could rely on the provisions of the Serious Crime Control Act to obtain restraining orders against Millevoi. The court needed to determine if the Commission had provided sufficient evidence to establish that Millevoi was involved in activities associated with organised crime. Additionally, the court had to consider the appropriate threshold for granting such orders on an ex parte basis, ensuring that the fundamental rights of the individual were not unduly compromised.

The court found that the Commission had provided a sufficient basis to grant the restraining orders. The evidence presented demonstrated a strong likelihood that Millevoi was involved in activities associated with organised crime. The court held that the provisions of the Serious Crime Control Act were appropriately applied, and the threshold for making ex parte orders was met in this instance. The court concluded that the Commission had demonstrated a significant risk to public safety if the orders were not made. The court granted the restraining orders sought by the Commission against Millevoi.

The final orders included a prohibition on Millevoi entering certain locations, restrictions on his communications, and limitations on his financial activities. These orders were designed to disrupt the criminal activities associated with Millevoi and to protect the community from further harm.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Restraining Orders

  • Ex-Parte Proceedings

  • Orders Made

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