Commissioner of Police v Aokuso

[2024] NZHC 3452

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2024-409-337 [2024] NZHC 3452

UNDER

the Criminal Proceeds (Recovery) Act 2009

IN THE MATTER

of an application pursuant to sections 43, 44 and 52 of the Act

BETWEEN

COMMISIONER OF POLICE

Applicant

AND

TIMOTHY AOKUSO

Respondent

Hearing:	18 November 2024
Appearances:	K South and K A Courteney for Applicant A M S Williams for Respondent
Judgment:	19 November 2024

JUDGMENT OF BOLDT J

[1]    The Commissioner of Police applies for a type 1 asset forfeiture order under  s 50 of the Criminal Proceeds (Recovery) Act 2009 (the Act). The Commissioner seeks forfeiture of two gold sovereign rings which were seized from the respondent, Timothy Aokuso, on 11 March 2022.

[2]    Mr Aokuso is a patched member of the King Cobras gang. In 2023 he pleaded guilty (among other charges) to possessing methamphetamine for supply. He was sentenced to four years’ imprisonment. The two rings, which together are valued at just over $14,000, were seized from him on 11 March 2022.

COMMISIONER OF POLICE v AOKUSO [2024] NZHC 3452 [19 November 2024]

[3]    The Commissioner alleges the rings are tainted property as that term is defined in s 5 of the Act.1 The Commissioner initially sought a profit forfeiture order as well, contending Mr Aokuso had derived an unlawful benefit from methamphetamine dealing over a four-year period. That application is now abandoned.

[4]    On 14 November 2024 the Commissioner filed an updated application, together with a consent memorandum recording that Mr Aokuso accepts the rings are tainted property and may be forfeited.

[5]    Accordingly, and by consent, I make the orders sought in the Commissioner’s application dated 14 November 2024. The rings are forfeited to the Crown and placed in the Official Assignee’s custody and control.

[6]    I record the Commissioner’s abandonment of its application for a profit forfeiture order, and I direct that a gold ingot pendant and gold curb chain, which were seized by Police at the same time as the rings, are to be returned to Mr Aokuso.

Boldt J

Solicitors:

Crown Solicitor, Christchurch for Applicant

Anselm Williams Barrister, Christchurch for Respondent

1Section 5 relevantly provides that tainted property means any property that has, wholly or in part, been acquired as a result of significant criminal activity, or directly or indirectly derived from significant criminal activity. Section 6 defines significant criminal offending as offending punishable by a maximum term of imprisonment of 5 years or more.