Director of Public Prosecutions (Cth) v Elias Helou

(2003) 58 NSWLR 574; [2003] NSWCA 301

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Confiscation of proceeds of crime
3. › Forfeiture of restrained property
4. › When person 'convicted'
5. › Whether conviction occurs when plea of guilty accepted and accused remanded for sentence or when formally sentenced
6. › Proceeds of Crime Act 1987 (Cth), ss 5(1), 30(1)
1. Criminal Law
2. › Conviction
3. › Meaning of 'convicted'
4. › Context-dependent meaning
5. › Distinction between conviction for autrefois convict and conviction under proceeds of crime legislation
6. › Whether Maxwell v The Queen confined to autrefois convict context

Quick Take

For the purposes of the Proceeds of Crime Act 1987 (Cth), a person is 'convicted' when a plea of guilty is accepted and the person is remanded for sentence, not when formal sentence is later pronounced. The six-month forfeiture period under s 30 runs from the date of remand for sentence. Maxwell v The Queen does not disturb this interpretation, as it was confined to the autrefois convict context.