DPP v Moran (Trial Division): no temporal connection with murder and use of the house (11 August 2011)


Re Moran, Armour & Environmental Concrete Constructions Pty Ltd Application for forfeiture  On 10 August 2011, Lasry J delivered his ruling in Re Moran, Armour & Environmental Concrete Constructions Pty Ltd [2011] VSC 377. In that proceeding, the DPP sought forfeiture under section 32 of the Confiscation Act (being discretionary forfeiture) in respect of the … Continue reading DPP v Moran (Trial Division): no temporal connection with murder and use of the house (11 August 2011)

DPP v 24th Tregganu Pty Ltd (Court of Appeal): effective control over an interest in property (21 April 2011)


On 12 April 2011, the Court of Appeal (Nettle and Mandie JJA and Hargrave AJA) dismissed the DPP’s appeal from the orders of the trial judge.  Kaye J had made an order excluding a motor vehicle from a restraining order. The key issue in the appeal was whether Kaye J erred in finding that the … Continue reading DPP v 24th Tregganu Pty Ltd (Court of Appeal): effective control over an interest in property (21 April 2011)

Legal Services Board v Werden: compensation application under Sentencing Act 1991 to be brought within 12 months of conviction (21 March 2011)


Legal Services Board v Gabriel Werden [2011] VCS 74 – Applications for compensation under the Sentencing Act 1991  On 15 March 2011, Beach J delivered his decision in the application by the Legal Services Board for a compensation order under section 86 of the Sentencing Act 1991 against Mr Werden. The Facts Mr Werden was … Continue reading Legal Services Board v Werden: compensation application under Sentencing Act 1991 to be brought within 12 months of conviction (21 March 2011)

Burnett v DPP: redacted affidavits and the need for reasons for making restraining orders (23 February 2011)


Redacted Affidavits In recent times, I have noticed that there has been an increase in the OPP’s practice of redacting affidavits in support of restraining order applications before providing such affidavits to practitioners. The difficulty practitioners and their clients face when in receipt of a redacted affidavit is that they will commonly not be in a position to assess whether the evidence relied upon by … Continue reading Burnett v DPP: redacted affidavits and the need for reasons for making restraining orders (23 February 2011)

DPP v Dickfoss: land not used in connection with offence where cannabis grown in pots (22 February 2011)


DPP v Dickfoss [2011] NTSC 04 On 14 January 2011, the NT Supreme Court (Mildren J) handed down a decision which provides a useful discussion of the definition of “crime used property” (under the Criminal Property Forfeiture Act) which is similar in many respect to the definition of “tainted property” (under the Confiscation Act). Relevantly, the key issue for determination was whether the growing of cannabis … Continue reading DPP v Dickfoss: land not used in connection with offence where cannabis grown in pots (22 February 2011)