New South Wales Crime Commission v Strickland

The New South Wales Crime Commission sought the confiscation of assets from Strickland under the Criminal Assets Recovery Act 1990. The commission alleged that the assets were derived from criminal activity. The case was heard in the Supreme Court of New South Wales. The court needed to determine whether the commission had established that the jurisdictional gateway of the Act had been met and whether there was a reasonable suspicion that the assets were connected to criminal conduct.

The court found that the commission had satisfied the jurisdictional gateway, which requires that the assets in question were derived from criminal conduct. This was established through a detailed examination of the evidence provided, including financial records and expert testimony. The court concluded that there was a reasonable suspicion that the assets were linked to criminal activity, given the evidence of Strickland’s involvement in organised crime. This suspicion was sufficient to warrant the making of retraining orders. The court emphasised the importance of balancing the rights of the accused with the need to prevent the benefits of crime from being enjoyed.

The Supreme Court of New South Wales made retraining orders under the Act, requiring Strickland to disclose information about the assets and their origins. These orders are a crucial step towards the potential confiscation of the assets if further evidence is obtained. The decision underscores the effectiveness of the Act in combating the proceeds of crime and highlights the court's commitment to ensuring that criminal profits are not retained by those who engage in unlawful activities.