New South Wales Crime Commission v Sammak

The case of New South Wales Crime Commission v Sammak was heard in the New South Wales Supreme Court. The New South Wales Crime Commission sought an order under the Criminal Proceeds Confiscation Act 2002, seeking a proceeds assessment order against the defendant Sammak and his associates. The Commission alleged that the proceeds were derived from criminal activities. The dispute centred on the amount of proceeds that were attributable to criminal conduct and the extent to which restraining orders should be applied to prevent dissipation of assets.

The court was required to determine whether the Commission had established that the proceeds were indeed derived from criminal activity, and if so, the amount of the proceeds to be confiscated. The court also needed to consider whether the restraining orders were appropriate to prevent the dissipation of the assets pending the final determination of the confiscation proceedings.

The court found that the Commission had demonstrated a strong case for confiscation of proceeds derived from criminal activity. The court accepted that Sammak and his associates were involved in organised criminal activity, including drug trafficking and money laundering. The court determined that the amount of proceeds attributable to criminal conduct was substantial and ordered the confiscation of those proceeds. Additionally, the court issued restraining orders to prevent the dissipation of the assets pending the final determination of the confiscation proceedings. The court held that the restraining orders were necessary to ensure that the proceeds were not lost to the public purse.

The court ordered the confiscation of the identified proceeds and the issuance of restraining orders. The orders were made in accordance with the provisions of the Criminal Proceeds Confiscation Act 2002. The restraining orders were to remain in effect until the final determination of the confiscation proceedings.