Re Moran, Armour and Environmental Concrete Constructions Pty Ltd

IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

CRIMINAL LAW DIVISION

No. 00799 of 2011

IN THE MATTER of the Confiscation Act 1997

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IN THE MATTER of the conviction of JUDITH MORAN

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IN THE MATTER of the conviction of GEOFFREY LESLEY ARMOUR

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IN THE MATTER of an application by THE DIRECTOR OF PUBLIC PROSECUTIONS for Victoria

Between

THE DIRECTOR OF PUBLIC PROSECUTIONS FOR VICTORIA	Applicant
v
JUDITH MARY-ANNE MORAN	First Respondent
and
GEOFFREY LESLEY ARMOUR	Second Respondent
and
ENVIRONMENTAL CONCRETE CONSTRUCTIONS PTY LTD	Third Respondent

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JUDGE:	LASRY J
WHERE HELD:	Melbourne
DATE OF HEARING:	28 July 2011
DATE OF RULING:	10 August 2011
CASE MAY BE CITED AS:	Re Moran, Armour and Environmental Concrete Constructions Pty Ltd
MEDIUM NEUTRAL CITATION:	[2011] VSC 377

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CONFISCATION OF PROPERTY — Application for forfeiture of proceeds of sale of property — Application for forfeiture of getaway vehicle – Offence of murder – Whether property used in, or in connection with, the commission of the offence – Meaning of “in connection with” – Whether use of property incidental to offence – Confiscation Act 1997, s 32 – Application refused.

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Ms R Sofroniou	Office of Public Prosecutions
For the Respondents	Mr J Saunders	Fong & Co. Solicitors

HIS HONOUR:

1. On 20 January 2011, the second respondent to this application, Geoffrey Leslie Armour, pleaded guilty to murdering Desmond Moran on 15 June 2009.  On 9 March 2011, the first respondent to this application, Judith Mary-Anne Moran, was found guilty by a jury of the same offence of murdering Desmond Moran on 15 June 2009.  The third respondent is Environmental Concrete Constructions Pty Ltd, a company established by Judith Moran’s accountant and the registered owner of a Land Rover Discovery sought to be forfeited in this application.  Pursuant to the Confiscation Act 1997 (‘the Act’), and by notices dated 17 May 2011 and 5 July 2011, the Victorian Director of Public Prosecutions has applied for a forfeiture order in respect of the following:

As against the respondent Moran, the property comprising the balance of the proceeds of sale of the property located at 10 Ormond Road, Ascot Vale, being the property more particularly described in Certificate of Title Volume 08007 Folio 145.

As against the respondent Armour, the grey coloured 2009 model Land Rover Discovery motor vehicle, registered number WZF-020.

1. The applications both rely on the fact that both respondents have been convicted of the offence of murder.

1. Pursuant to s 32 of the Act:

(1)If an accused is convicted of a schedule 1 offence, the DPP or an appropriate officer may apply to the Supreme Court or the court before which the accused was convicted of the offence for a forfeiture order in respect of tainted property.

1. Pursuant to Schedule 1 of the Act, it is sufficient that the offence of murder is an indictable offence against the law of Victoria.

1. The applications are supported by…