Don’t get bitten by DPP v McCoid Pursuant to s.35 of the Confiscation Act 1997 (Confiscation Act), property which is restrained for automatic forfeiture is automatically forfeited to the Minister (namely the Attorney General of Victoria) 60 days after the date of conviction of the Schedule 2 (automatic forfeiture) offence unless: an exclusion application has … Continue reading DPP v McCoid: date of conviction under Confiscation Act 1997 (4 September 2006)
DPP v Tat Sang Loo: effective control (12 July 2006)
Effective Control – but when? An applicant to an exclusion application under s.20 of the Confiscation Act 1997 (Act) must satisfy the Court that the applicant’s interest in the property sought to be excluded is not subject to the effective control of the defendant. Interestingly, the Act expressly states “is not” rather than “was not”, … Continue reading DPP v Tat Sang Loo: effective control (12 July 2006)
Re Shield: deemed conviction after death of offender (April 2006)
Interim Restraining Orders The Victorian Court of Appeal recently handed down its decision in Navarolli v DPP [2005] VSCA 323. The Court of Appeal determined that persons whose property is sought to be restrained by the DPP under the Confiscation Act 1997 (Vic) (Confiscation Act) are entitled to be heard on the making of the … Continue reading Re Shield: deemed conviction after death of offender (April 2006)