R v Jordan; R v Field

District Court

New South Wales

Medium Neutral Citation:

R v Jordan; R v Field [2024] NSWDC 287

Hearing dates:

19 March 2024

Decision date:

06 May 2024

Jurisdiction:

Criminal

Before:

Coleman SC DCJ

Decision:

(1) In respect of Mr Jordan:

(a) Pursuant to s 29(1)(a) of the Act, the defendant has derived a benefit in connection with drug trafficking.

(b) Pursuant to s 29(1)(b) of the Act, the value of such benefit is $100,000.

(c) Pursuant to s 29(1)(c) of the Act, order the defendant pay to the State a pecuniary penalty of $100,000.

(2) In respect of Mr Field:

(a) Pursuant to s 29(1)(a), the defendant has derived a benefit in connection with drug trafficking.

(b) Pursuant to s 29(1)(b) of the Act, the value of such benefit is $100,000.

(c) Pursuant to s 29(1)(c) of the Act, order the defendant pay to the State a pecuniary penalty of $100,000.

Catchwords:

CRIME — Confiscations — Forfeiture order — Proceeds of indictable offence or instrument of serious offence

Legislation Cited:

Confiscation of Proceeds of Crime Act 1989 (NSW) s 4, 13(3), 29, 30.

Cases Cited:

Regina v Hall [2013] NSWCCA 47.

Texts Cited:

NA

Category:

Costs

Parties:

Office of the Director of Public Prosecutions (ODPP)
Glen Jordan
Jake Field

Representation:

Solicitor:
M Dixon (NSW) (Crown)

G Jordan (self-represented)
J Field (self-represented)

File Number(s):

2021/00197398
2021/00293798

Publication restriction:

NA

JUDGMENT

1. Application is made by the Crown in each of these matters for a drug proceeds order under s 29 of the Confiscation of Proceeds of Crime Act 1989 (NSW) (the Act).

2. It is not in dispute, and I formally find that each defendant has been convicted for a drug trafficking offence within the meaning of s 4 of the Act. As for Mr Jordan, this conviction was in this Court on 27 June 2023 for supply prohibited drug, being methylamphetamine. As for Mr Field, the conviction was on 4 April 2023 being supply prohibited drug, being methylamphetamine.

3. Applications for drug proceeds orders must be made within six months from the date on which the defendant is sentenced for a drug offence (see s 13(3) of the Act). I am satisfied that each of the applications was made within the relevant time. The proceedings are civil proceedings so the Court must be satisfied on the balance of probabilities of the relevant matters. Drug proceeds orders are “confiscation orders” within the meaning of the Act. Other confiscation orders are “forfeiture orders” and “pecuniary penalty orders”.

4. Drug proceeds orders are dealt with in Part 2 Div 4 of the Act.

5. Section 29 of the Act provides as follows:

“(1) If an application is made for a drug proceeds order against a person (in this division called the defendant) convicted of a drug trafficking offence, the Court must—

(a) determine whether the defendant has derived any benefit in connection with drug trafficking at any time, and

(b) if the Court believes the defendant has so benefited, assess the value of any such benefit, and