The Queen v Cheng

Chia-Le Cheng, a Taiwanese national residing in Auckland, was involved in drug trafficking, leading to the confiscation of his assets under the Proceeds of Crime Act 1991. Cheng appealed the confiscation of his assets, including a Porsche Cayenne and cash, arguing the searches leading to the discovery of evidence were unlawful. The Court of Appeal upheld the confiscation order. The searches were deemed lawful because the constable had reasonable grounds to believe Cheng was in possession of methamphetamine and that an offence had been committed. The search of Cheng's car was lawful as the car could have been located without the unlawfully seized key. The search of Cheng's security deposit box was also lawful despite some deficiencies in the warrant application, which did not prejudice the fairness of the process. The totality of the evidence was sufficient to convict Cheng of selling methamphetamine, sustaining the confiscation order. The appeal was dismissed.