CITATION: Regina v Danny Sum Mok [2003] NSWSC 424 HEARING DATE(S): 31 May, 2001
8 June, 2001
7 May 2003
9 May 2003JUDGMENT DATE:
22 May 2003JUDGMENT OF: Sully J at 1 DECISION: Stated questions answered : 1(a) - yes; 1(b) - no; 1(c) - unnecessary to answer; plaintiff to pay defendant's costs; exhibits may be returned LEGISLATION CITED: Criminal Assets Recovery Act
Evidence Act 1995 (NSW)CASES CITED: Briginshaw v Briginshaw (1938) 60 CLR 336
Abalos v Australian Postal Commission (1988) 171 CLR 167 at 179
Reg v Lau (1998) 105 A Crim R 167
Hampton Court Ltd v Crooks (1957) 97 CLR 367PARTIES :
Regina
Danny Sum MokFILE NUMBER(S): SC 10959/99 COUNSEL: P. Singleton - NSW Crime Commission
G. Jones/B. Clark - DefendantSOLICITORS: J. M. Giorgiutti - NSW Crime Commission
D'Angelo, Solicitors - Defendant
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISIONSULLY J
22 May 2003
JUDGMENT10959/99 – NEW SOUTH WALES CRIME COMMISSION v DANNY SUM MOK
1 HIS HONOUR: By an amended summons filed on 21 April 1999 the New South Wales Crimes Commission, [“the plaintiff”], seeks, among other orders:
- ”…………a proceeds assessment order pursuant to s.27 of the Criminal Assets Recovery Act 1990 requiring Danny Sum Mok to pay to the Treasurer an amount assessed by the Court as the value of the proceeds derived from any illegal activity of Danny Sum Mok that took place not more than six years before the making of the application for a proceeds assessment order.”
2 On 7 May 2001 Kirby J made a number of consent orders. The first of them was:
- “1. Subject to any contrary direction by the trial judge, the hearing of this matter on 30 May 2001 deal with the following three issues only:
- (a) whether Danny Sum Mok (“the Defendant”) was not more than 6 years before the making of the application for a proceeds assessment order pursuant to section 27 of the Criminal Assets Recovery Act 1990 (“the Act”) engaged in a serious crime related activity (within the meaning of serious crime related activity set out in section 6 of the Act) involving an indictable quantity; and
- (b) whether the Defendant received, on 21 January 1999, from registered informant 3027 the sum of $84,000 or the sum of $83,000 or any other sum; and
- (c) whether the sum referred to in sub-paragraph (b) above was acquired by the Defendant because of an illegal activity (within the meaning of illegal activity set out in section 4 of the Act).”
3 In what follows herein a reference to “the defendant” is a reference to Danny Sum Mok; and a reference to “RI 3027” is a reference to the registered informant.
4 On 31 May 2001 a hearing commenced accordingly. It continued on 8 June 2001, and after a lengthy lapse of time caused in part by controversial subpoena proceedings which went on appeal to the Court of Appeal, the hearing resumed on 7 May…
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- Regina v Danny Sum Mok [2003] NSWSC 424
- Case
- [2003] NSWSC 424
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