New South Wales Crime Commission v Wenping He

In the matter of New South Wales Crime Commission v Wenping He, the court was asked to consider whether the proceeds of a criminal enterprise could be confiscated and restraining orders applied to prevent further criminal activity. The New South Wales Crime Commission sought to recover the proceeds of crime from Wenping He, as well as to obtain restraining orders to prevent him from engaging in criminal activity in the future. The matter was heard in the Supreme Court of New South Wales, with Justice Hulme presiding.

The central legal issue before the court was whether the New South Wales Crime Commission could successfully demonstrate that Wenping He had obtained proceeds from criminal activity, and if so, whether the court should order their confiscation. Additionally, the court needed to determine whether the evidence supported the imposition of restraining orders to prevent Wenping He from engaging in future criminal conduct. The court considered whether the commission had discharged the onus of proving, on the balance of probabilities, that the property was proceeds of crime and whether the orders were necessary to prevent further criminal activity.

Justice Hulme found that the commission had established, on the balance of probabilities, that Wenping He had obtained proceeds from criminal activity. The court was satisfied that the evidence supported the imposition of restraining orders, given Wenping He's history of criminal conduct and the likelihood of future offending. The judge concluded that the proceeds of crime should be confiscated and that restraining orders were necessary to protect the public from further criminal activity by Wenping He. The court ordered the confiscation of specified assets and imposed restraining orders on Wenping He, prohibiting him from engaging in certain activities and associating with particular individuals.